Case Briefing Example

Case Briefing Example - CASE BRIEFING EXAMPLE 1 Citation...

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CASE BRIEFING EXAMPLE 1. Citation. Walsh v. Town of Stonington Water Pollution Control Authority , 736 A.2d 811 (Conn. 1999) “Parallel citations” - 736 A.2d 811 (A.2d = Atlantic Reporter, second series) 250 Conn. 443 (Conn. = Conneticut Reports) 2. Facts. Plaintiff married couples living on land next to a sewage treatment plant, sued defendants town of Stonington and Stonington water pollution control authority for nuisance caused by odors from the plant. Plaintiffs alleged that the plant attracted insects and created odors that caused coughing, vomiting, headaches, and burning lips and eyes; the odors were intolerable by summer 1990. 3. Plaintiffs sought damages (money). 4. Defendants argued the social utility of their plant and their permit prevented a damages award. 5. After a trial, a jury awarded plaintiffs damages of $675,000. Defendants appealed. 6. The Court of Appeal affirmed the trial court. 7. Issues on appeal: (1) Did the trial court properly instruct the jury on reasonable use of land and balancing the benefit of the activity against the asserted harm?
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