MIANUS REALTY CO. v. GREENWAY


151 Conn. 128 (1963)

MIANUS REALTY COMPANY, INC., ET AL. v. GEORGE L. GREENWAY ET AL., EXECUTORS (ESTATE OF HARRIET L. GREENWAY), ET AL.

Supreme Court of Connecticut.

Decided July 31, 1963.


Attorney(s) appearing for the Case

Lawrence B. Schwartz, with whom were Richard W. Pinto and, on the brief, Joseph I. Sachs and Louis I. Gladstone, for the appellants (plaintiffs).

Daniel B. Badger, with whom was Charles S. Bradford, for the appellees (named defendant et al.).

Thomas J. O'Sullivan, for the appellees (defendants New York, New Haven and Hartford Railroad Company et al.).

KING, MURPHY, SHEA, ALCORN and COMLEY, JS.


COMLEY, J.

This action involves a parcel of land on the easterly side of a cove on the Mianus River in Greenwich. It is 6.34 acres in extent, and most of it is marshland or tidal flats below the high-water mark.

The finding, which is not subject to any material correction, contains these facts: On April 6, 1937, the trustees of the New York, New Haven and Hartford Railroad Company, hereinafter called the railroad, owned the land on the easterly side of the...

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