New Britain herald. [microfilm reel] (New Britain, Conn.) 1890-1976, 1925-10-23
NENT O--u
.suoo 'pIoHas.,h. w.
s,dsd ''Apv
--r1 aps anaH''u"'' Mt
7UIII III DLILlVDHlVl
| IN POLLUTION SUIT
Donnelly Brick Go, Brings
Action for S25,0OO Damage
BASED ON WILLOW BROOK


Destroyed Usefulness OF Clay Pit
And Well From Which Employees
Get Drinklng Water.
Notice of a suit for $4,000 |
against the city of New Britain was
served on Corporation Counsel John |
II. Kirkham today by Attorney Dom !,
old GaffneY representing the Dom
nelly Brick Co., having plant In
Berlin. The suit alleges pollution Of
Willow Brook.
The Writ States That
"The plaintiff Is engaged In the
manufacturer Of brick and has a
large plant on the above described
land with clay pits, kilns, machine
rooms, houses for workers and a
water system Of Its own.
Across the tract of land owned
by the plaintiff flows a stream or
brook known as Willow Brook, In
southeasterly direction and plain
tiff Is entitled to the natural flow OF
said stream in a pure condition, un-
contaminated with any injurious
substances.
said Willow Brook flows from
the town of Southington where the
city of New Britain has erected u
huge dam for purposes of reservoir
known as the Shuttle Meadow lake
and at various times when the lake
is low there is no overflow, and
when the lake is full the water over
flows with great volume and with
great force, swelling the stream
aforesaid.
"The city of New Britain on or
about the 10th day of February,
1925. by its servants or agents, caus-
ed and during all the time to the
present still does cause to flow into
the water of said stream, above the
property of the plaintiffs, large guam
| titles and varieties of acids, vitriolS
impure matters, sewage. poisor
dyes, noXious. filthy, impure and un'
healthy substances, waste material
and coloring matter and the waters
Of said stream have become noXious
poisonous, unclean. casting off OBJ
noXious and unhealthy odors, an(
have been continually increasing tP'
quantity and such foul, noXiou'
poisonous matter in said stream, 81
that the waters of said stream ar,
impure.
"On or about the 10th day 0
February 1923pgthe said WilioN
brook was- greatly swollen by tn
overflow of Shuttle Meadow lake
and upon the land of the plaintiff
overflowed and broke through it
banks and as a result thereof tn
water. sewage and impure sub
stances flowed into a clay pit of tn
plaintiffs located some distance t
the south of the bed Of said stream
rending the clay pit incapable {
use.
"On or about and prior to III
10th day Of February, 1928, til
plaintiff maintained we'll an
pump of water for drinking pu
poses about hundred feet from II
5 nearest point of the westerly er
5 of said clay pit.
by reason of the aforementione
overflow, said we'll and drinkir
supply was polluted by sewage al
3 other noXious substances from sa
u brook and rendered totally un
= for domestic consumption.
= "By reason of the above me
Il toned pollution of the drinkil
81 water, plaintiff has bee nobliged
q cart water for drinking purposes
~ a cost Of five dollars a day, and b
been obliged to construct a pipe Ii
'e to draw a new supply of drink
Ie water
IL THE plaintiff. as a result Of {
= aforementioned pollution of I
III clay pit, has been affected in
'G business, in that it is unable to 6
~ pure water any longer for use in
bailers. and impure waters canr
serve the purposes of the plant
eS in the manufacture of brick.
III by reason of the above-mention
u overflow and negligence of the c
er of New Britain the clay pit viii
We the plaintiff had dug many feet |
en- derground was filled with water a
the plaintiff In order to again ,
D. the clay pit would have to pump
~ the water,