Summary
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
Summary of this case from Sullivan v. R.D. Scinto, Inc.Opinion
File No. 118118
The plaintiff was not in the exercise of a public right when he was injured while diving off a diving board in the defendant's bathing resort. Nor was he injured in relation to a right which he enjoyed by reason of his ownership of an interest in land. The demurrer to the second count, sounding in nuisance, was therefore sustained.
Memorandum filed January 19, 1960
Memorandum on demurrer to second count. Demurrer sustained.
Stephen A. Brennan, of East Hartford, for the plaintiff.
Regnier Moller, of Hartford, for the defendant.
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 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.