Dyson v. New York & New England Railroad
Supreme Court of Connecticut
Action to recover damages for the death of the plaintiffs intestate through the negligence of the defendant, a railroad company, in the running of one of its trains; brought to the Superior Court in Hartford County, and heard in damages after a default by Sanford, J. The following facts were found by the court.
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Action to recover damages for the death of the plaintiffs intestate through the negligence of the defendant, a railroad company, in the running of one of its trains; brought to the Superior Court in Hartford County, and heard in damages after a default by Sanford, J. The following facts were found by the court. The defendant company, on the first day of October, 1885, was engaged in the general railroad passenger and freight business between Waterbury in this state and Boston in the state of Massachusetts. Its line of railroad runs through the city of New Britain. On that day and previous…
1Opinion of the CourtBeardsley, J.
The Superior Court finds that the collision which caused the death of the intestate was produced by the negligence of the defendant company, and has detailed the facts, and presumably all the material facts, upon which it formed that conclusion.
The question presented by the second assignment of errors is, whether these facts are legally sufficient to justify the finding of negligence. Such negligence is found to consist of a violation of duty by the defendant in three particulars.—First, in running its train at so high a rate of speed over the crossing in question;—second, in not protecting…
2Cases cited5 opinions
- Haas v. Grand Rapids & Indiana RailroadMichigan Supreme Court · 1882
- Chicago, Burlington & Quincy R. R. v. LeeIllinois Supreme Court · 1873
- Church v. City of MilwaukeeWisconsin Supreme Court · 1872
- Randall v. ChaseMassachusetts Supreme Judicial Court · 1882
- Chicago, Burlington & Quincy Railroad v. HarwoodIllinois Supreme Court · 1875
3Cited by36 opinions
- Frank Andrews v. Metro North Commuter Railroad Co., Penn Central Corporation, Consolidated Rail Corporation, National Railroad Passenger Corp.Court of Appeals for the Second Circuit · 1989
- People v. . FishNew York Court of Appeals · 1891
- State v. SwintonSupreme Court of Connecticut · 2004
- Pratt, Read & Co. v. New York, New Haven & Hartford RailroadSupreme Court of Connecticut · 1925
- Freedman v. New York, New Haven & Hartford RailroadSupreme Court of Connecticut · 1909
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