§ 47a-46 — (Formerly Sec. 52-465). When double damages allowable.

Connecticut § 47a-46

• Jurisdiction: Connecticut
• Title 47a: Landlord and Tenant
• Ch. 833: Entry and Detainer

Text

The party aggrieved may recover in a civil action double damages and his costs against the defendant, if it is found on the trial of a complaint brought under section 47a-43 that he entered into the land, tenement or dwelling unit by force or after entry held the same by force or otherwise injured the party aggrieved in the manner described in section 47a-43.

Legislative History

(1949 Rev., S. 8201; P.A. 76-95, S. 22, 27; 76-435, S. 75, 82; P.A. 79-571, S. 42; P.A. 80-483, S. 128, 186.) History: P.A. 76-95 allowed recovery of double rather than treble damages and authorized recovery of damages in cases where defendant “otherwise injured the party aggrieved in the manner described in section 52-462”; P.A. 76-435 revised effective date section of P.A. 76-95; Sec. 52-465 transferred to Sec. 47a-46 in 1979 and reference to Sec. 52-462 revised to reflect its transfer; P.A. 79-571 added reference to dwelling units and changed wording slightly; P.A. 80-483 made technical changes. Annotations to former section 52-465: Action for damages is not defeated by proof of title in defendant. 6 C. 80. Statute merely provides for damages and costs. 30 CS 607. Annotations to present section: Standard of proof required for award of double damages under statute is same as that of other tort cases; judgment of Appellate Court in 24 CA 124 reversed. 221 C. 674. Cited. 24 CA 124; judgment reversed, see 221 C. 674; 43 CA 1. Trial court did not err in failing to award plaintiffs attorney's fees as a recoverable cost under section; section is devoid of any express language authorizing an award of attorney's fees, court will not presume that legislature intended for statute to operate in derogation of the long-standing common-law rule disfavoring award of attorney's fees to prevailing party. 87 CA 779. Where damages awarded under this section encompass the same conduct as for damages awarded pursuant to Sec. 47a-18a, the sum for actual damages may not be included in the award pursuant to both sections. 89 CA 836.