Supreme Court of Connecticut, 1963

Town of Waterford v. Cone

Supreme Court of Connecticut · Decided December 17, 1963

151 Conn. 702; 196 A.2d 767

Cases that cite this one

1 later published case cites this decision.

Cone v. Town of Waterford (Conn. 1969)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Per Curiam.

The appeal by the town of Waterford from a conditional judgment of the Superior Court concerning the town’s duty to repair a portion of Pilgrim Boad was continued on our docket awaiting the final determination of the validity of the discontinuance of the road. Waterford v. Cone, 148 Conn. 113, 167 A.2d 854. A final judgment by the Court of Common Pleas in the case of Cone v. Dar*703row, New London County, No. 15480, from which no appeal has been taken, has now determined that the discontinuance of the road was valid.1 Had the Superior Court in the present case awaited that determination before rendering judgment, as it should have, the correct judgment would have been one setting aside the order to repair. Such a judgment should now be directed.

There is error, the judgment is set aside and the case is remanded with direction to render judgment setting aside the order to repair.

No costs will be taxed in this court in favor of any party.

See Cone v. Darrow, 148 Conn. 109, 167 A.2d 852, regarding an attempted appeal from an interlocutory order in that case.

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