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CYR v. BROOKFIELD

153 Conn. 261 (1965)

GILMAN J. CYR v. TOWN OF BROOKFIELD

Supreme Court of Connecticut.

Decided December 22, 1965.

Attorney(s) appearing for the Case

Howard R. Matzkin, with whom was Alvin Rosenbaum, for the appellant (plaintiff).

A. Searle Pinney, with whom, on the brief, was Hugh A. Burrell, for the appellee (defendant).

KING, C. J., MURPHY, ALCORN, SHANNON and HOUSE, JS.

HOUSE, J.

This suit was brought on a complaint sounding in nuisance based upon the alleged action of the defendant town in deliberately and without notice closing off a storm sewer drain as a result of which the plaintiff's property was flooded and damaged. The defendant demurred to the complaint on the ground that it did not state a cause of action since it did not set forth any duty on the part of the defendant to permit the plaintiff to maintain a connection

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