Opinion

Arachy v. Schopen

22 Conn. Super. Ct. 20 · Connecticut Superior Court · Jan 19, 1960

Full text

Chester v. Arachy v. Gerard Schopen

Opinions in this case

Majority
Majority — Phillips

Plaintiff was injured when diving off a diving board in defendant's bathing resort. The second count sounds in nuisance. The plaintiff obviously was not using the diving board in the exercise of a public right. Dewing v.Old Black Point Assn., 19 Conn. Sup. 230. And there could be no private nuisance, since he was not injured in relation to a right which he enjoyed by *Page 21 reason of his ownership of an interest in land.Webel v. Yale University, 125 Conn. 515, 525. There is no merit to the plaintiff's claim that because he was a licensee he came under the classification of an owner of an interest in land. Bland v. Bregman,123 Conn. 61, 64. The demurrer to the second count of the complaint is sustained.

Connecticut Superior Court · Oct 5, 1998

Cimino v. Yale University

D. Connecticut · Jun 30, 1986

Gail v. International Telephone & Telegraph Corp.

Connecticut Superior Court · Apr 4, 1974

Parentheticals

granting demurrer to plaintiff's claim of nuisance against defendant bathing resort for injuries sustained when diving off diving board because there was no exercise of public right
Sullivan v. R.D. Scinto, Inc., No. Cv97 0060344s (Oct. 5, 1998)
plaintiff could not maintain private nuisance action because ‘‘he was not injured in relation to a right which he enjoyed by reason of his ownership of an interest in land’’
Kloiber v. Jellen