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CENTER DRIVE-IN THEATRE, INC. v. DERBY

166 Conn. 460 (1974)

CENTER DRIVE-IN THEATRE, INC. v. CITY OF DERBY ET AL.

Supreme Court of Connecticut.

Decision released June 18, 1974.

Attorney(s) appearing for the Case

George J. Jaser, for the appellant (defendant J. M. Rosa Construction Company).

James E. Cohen, corporation counsel, with whom, on the brief, was Foster M. Young, for the appellant (named defendant).

Howard F. Zoarski, for the appellee (plaintiff).

HOUSE, C. J., SHAPIRO, LOISELLE, MACDONALD and BOGDANSKI, JS.

LOISELLE, J.

The plaintiff corporation, Center Drive-In Theatre, Inc., was the owner of a drive-in theater in the city of Derby. In this action for damages the plaintiff claimed that the defendants failed to restore a break in a dike after installing a sewer pipeline within an easement on the plaintiff's land and that they caused other damage to the property. The plaintiff prevailed in a trial to the court and received a judgment of $5700, from which the defendants...

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