Sec. 47a-46. (Formerly Sec. 52-465). When double damages allowable.
Sec. 47a-46. (Formerly Sec. 52-465). When double damages allowable. 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.
(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, see history for Sec. 47a-1; 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:
This action for damages is not defeated by proof of title in the 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 Freeman v. Alamo Management Co., 24 CA 124, reversed. 221 C. 674.
Cited. 24 CA 124; judgment reversed, see 221 C. 674. Cited. 43 CA 1. Trial court did not err in failing to award plaintiffs
attorney's fees as a recoverable cost under this 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
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 Secs. 47a-18a and 47a-46. 89 CA 836.