New Britain herald. [microfilm reel] (New Britain, Conn.) 1890-1976, 1927-06-07
ruling Reversed
BY SUPREME court
CONTINUED from First Page)

dam. On April 8, 1926. there was
a heavy rain and water was pre-
cipitated over the dam at the rate
Of million gallons an hour into this
brook. The rain continued on April
t; the overflow of the dam was con-
slant and the brook was greatly
swollen as result. Because of the
deepening Of the channel OF the
brook during the preceding summer,
and the Strengthening of the course
of the brook and the raising OF the
level of the ground on both sides
of the stream the waters of the
brook did not pond as formerly on
The low fiat territory of South End
park as it had before the city turned
its water into the other division OF
the brook. but We're preclpitated
With great force and velocity at this
time into the brook and thence
through the railroad culvert and
plaintiffs premises. The jury might
reasonably have found that there
existed on April 5 and and at the
time of plaintiffs alleged injuries a
food of unprecedented proportions
The sewer outlets discharging INTO
Willow Brook drain the storm water
sewers of about one-third of the
area and population of New Britain
Three of these storm water sewers
at full capacity would discharge up
wards of $3.50, 600 gallons in "A
hours. Upwards of 20 storm water
sewers of New Britain having up
wards Of 400 catch basins empty
directly into this brook as it flows
through the city. These catch basins
collect all sorts Of solid and refuse
matter ftom streets which Pufi-
fv in these basins and in times OF
heavy rains are washed in large
measure into the brook. There are
six direct sanitary or crude sewage
connections from buildings in New
Britain, through two OF these up
wards of $50 persons used these
connections. Prior to April, 1924,
there We're two direct connections
from the sanitary sewer at the foot
Of South Main street TO Willow
Brook, and in times OF flood or hlgh
water the sanitary sewage of TINS
trunk line which is used by about
$4,000 people would be discharged
directly into this brook. All
of these discharges were above
plaintiffs premises There were no
private sewers or sanitary connec-
lions discharsing pollution into Will
low Brook above Tie plaintiffs prop
nrty. All of these sewer outlets and
connections, storm and sanitary. for
the city of New Britain flow into
Willow Brook and are either con-
stantly discharging into it. or recur-
rontly discharging into it in times OF
heavy rain or flood. On April 5. s
and 7 large volume of water flow
I'd over the Shuttle Meadow reser-
voir dam every "a hours. This was
augmented by the discharge from all
these sewer outlets and connections.
The waters of Willow Brook have
not been fit for domestic use at
plaintiffs premises for years and
they became as Il result of this con-
slant pollution Of the city of New
Britain greatly polluted and filthy.
The water gave off noXious doors
and vapors.
ION plaintiffs property east OF It's
buildings was Il clay pit from which
clay had been extracted. The pit
had small depression in the north
west corner in which rain water was
collected and used for boiler pur-
poses. In the southeast portion of
the pit was a sump hole at which
point pump was located. Surround
ing the pit the plaintiff had built
bikes or feet above the surface
OF the ground. wide and strong
enough to have a cart driven over