DocketNumber: No. CV90-0030810
Citation Numbers: 1991 Conn. Super. Ct. 6957
Judges: FULLER, J.
Filed Date: 8/1/1991
Status: Non-Precedential
Modified Date: 4/17/2021
In support of the motion, Shelton has filed an affidavit from the city engineer which states that Center Street in Shelton is a state highway also known as Route 714 and that the roadway is owned and controlled by the Connecticut Department of Transportation. In CT Page 6958 addition, the city did not perform work in the installation, maintenance or repair of the sewer drain where the plaintiff was injured and which is located in the highway. The affidavit also states that the State of Connecticut and not the City of Shelton is responsible for maintaining the highway. The co-defendant, the Commissioner of Transportation has admitted, in response to requests for admission, that Center Street is a state highway and that the drain is within the portion of the highway maintained by the state. The plaintiff has not filed any counter-affidavit or other documentary evidence to refute Shelton's claims, but has filed a brief questioning the weight that should be given to the affidavit by the city engineer.
A summary judgment may be granted under section 384 of the Connecticut Practice Book if the pleadings, affidavits and other proof submitted with the motion show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law. Connelly v. Housing Authority,
In deciding whether a summary judgment should be granted, the court applies to the established facts the same test as is used in CT Page 6959 determining whether a party would be entitled to a directed verdict on the same facts. Connelly v. Housing Authority, supra, 364; Connell v. Colwell, supra, 247. The evidence presented here meets that test. Even if conclusory statements in the affidavit are disregarded, the evidence presented shows that Center Street and the location of the plaintiff's injury is a state highway. While Shelton has not produced a deed showing title in the state, that is not required to show that the road is a state highway, and the state and its municipalities rarely have fee simple title to the road bed of older, well-established highways. In most cases, the highway is only an easement for public travel and the owners of abutting land, absent evidence to the contrary, are presumed to own to the center of the highway. Antenucci v. Hartford Roman Catholic Diocesan Corporation,
ROBERT A. FULLER JUDGE
Lukas v. City of New Haven , 184 Conn. 205 ( 1981 )
Bartha v. Waterbury House Wrecking Co. , 190 Conn. 8 ( 1983 )
United Oil Co. v. Urban Redevelopment Commission , 158 Conn. 364 ( 1969 )
Alston v. City of New Haven , 134 Conn. 686 ( 1948 )
Antenucci v. Hartford Roman Catholic Diocesan Corporation , 142 Conn. 349 ( 1955 )