¶1Upon a writ of error it was adjudged — That in a prosecution upon the statute for the penalty of five shillings per week, for overflowing the lands of another. The penalty for one week only, may he sued for at a time; as the penalty is given for continuing the nuisance each week, and to oblige him to remove it; it doth not appear but, that, if it had beeu prosecuted for the first week, it would have produced the effect which the law intended.
1 Root 52
Chapman v. Chapman
Decided September 15, 1772
Connecticut Superior Court · decided 1772-09-15
<p>Where a penalty is given for continuing a nuisance per week, one o-nly may be sued for at a time.</p>
Decided 1772-09-15