159 A.2d 819 | Conn. Super. Ct. | 1959
There is pending in the United States District Court for the district of Connecticut an action brought by defendants Robert T. Long and Frank Zimmerman seeking damages for personal injuries against the plaintiff, Guildway Homes, Inc., and The Calve Company. That complaint alleges that Long and Zimmerman were injured when the former, on or about September 26, 1956, in the course of drilling in connection with the construction of the Connecticut Turnpike, struck dynamite which had been placed, and allowed to remain concealed, in a ledge of rock from 1951 to September 26, 1956, by the defendants Calve Brothers Company, Guildway Homes, Inc., and The Calve Company.
The complaint is based on three counts: the absolute liability doctrine applicable to intrinsically dangerous activities and substances, negligence and nuisance. The redress sought here is to have the question of the application of the Statute of Limitations and the existence or absence of a cause of *46 action in nuisance decided by this court. It is claimed that the federal court is bound by the law of the forum and, since the status of the law in this state is in doubt on these points, they are entitled to a "clear-cut" decision on the matters involved.
The law concerning the application of the Statute of Limitations, in so far as it concerns this case, seems to be settled by the case of Handler v. RemingtonArms Co.,
The nuisance count is based on a violation of General Statutes §
The counts are well pleaded and set out complaints in accordance with the stated law. Whether or not these claims can be substantiated presents a question of fact to be passed upon at the trial.
An action for a declaratory judgment is a special statutory proceeding, not one in equity. Silberman
v. McLaughlin,
One of the broad purposes of the declaratory judgment law is to serve the peace and good order of the community by settling rights in such a way as to prevent litigation. National TransportationCo. v. Toquet,
Judgment may enter for the defendants on the issues of the complaint, and for the plaintiff on the counterclaim.