Legal Opinion

Taylor v. Town of Monroe

Supreme Court of Connecticut

Decided October 15, 1875PublishedCited by 86 opinions

Trespass on the case for an injury from a defect in a highway of the defendant town; brought to the Superior Court in Fairfield County, and heard in damages, after demurrer overruled, by Pardee, J. The court found the following facts: Between the hours of seven and eight o’clock of the afternoon of the 10th day of August, 1871, the plaintiff, a single woman about thirty years of age, accompanied by her nephew, a boy about fifteen years old, was driving a horse attached to a…

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Trespass on the case for an injury from a defect in a highway of the defendant town; brought to the Superior Court in Fairfield County, and heard in damages, after demurrer overruled, by Pardee, J. The court found the following facts: Between the hours of seven and eight o’clock of the afternoon of the 10th day of August, 1871, the plaintiff, a single woman about thirty years of age, accompanied by her nephew, a boy about fifteen years old, was driving a horse attached to a light wagon along a highway running northerly and southerly within the limits of the town of Monroe. This highway passes…

1Opinion of the CourtLoomis, J.

The first question which the motion presents is, whether the defendants, for the purpose of showing that the condition of the road, bridge and railing at the time of the accident was not dangerous or unsafe, could ask witnesses *42acquainted with the place the following questionHas any accident or injury resulted to any person from the want of a railing on the east side of the north approach to the bridge, or on account of the insufficiency of the railing as it has existed at the bridge and causeway?”

The object of the proposed evidence was to show that actual use had tested the way and had shown…

2Cases cited5 opinions

  1. Smith v. GugertyNew York Supreme Court · 1848
  2. Dunham's Appeal from ProbateSupreme Court of Connecticut · 1858
  3. Squier v. GouldNew York Supreme Court · 1835
  4. Calkins v. City of HartfordSupreme Court of Connecticut · 1865
  5. Bristol Manufacturing Co. v. GridleySupreme Court of Connecticut · 1859

3Cited by86 opinions

  1. People v. JenningsIllinois Supreme Court · 1911
  2. Floyd v. Fruit Industries, Inc.Supreme Court of Connecticut · 1957
  3. Jaffe v. State Department of HealthSupreme Court of Connecticut · 1949
  4. State v. KempSupreme Court of Connecticut · 1986
  5. Mellor v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1891

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