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DONNELLY v. IVES

159 Conn. 163 (1970)

EILEEN DONNELLY v. HOWARD S. IVES, HIGHWAY COMMISSIONER

Supreme Court of Connecticut.

Decided February 4, 1970.

Attorney(s) appearing for the Case

David M. Reilly, Jr., for the appellant (plaintiff).

Francis A. Smith, Jr., with whom were William B. Rush and Henry Lyons III, for the appellee (defendant).

KING, C. J., ALCORN, HOUSE, COTTER and THIM, JS.

COTTER, J.

The plaintiff brought this action in two counts. The trial court sustained the defendant's demurrer `to the second count alleging a common-law nuisance, and on appeal to this court we affirmed the judgment for the defendant on that count. Murphy v. Ives, 151 Conn. 259, 196 A.2d 596. The parties thereafter proceeded to trial before a jury on the first count of the complaint, which alleged a cause of action...

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