Hewison v. City of New Haven
Supreme Court of Connecticut
Trespass on the case, for an injury to the plaintiff’s intestate, resulting in his death, by the neglect of the defendants to remove a nuisance in the public highway ; brought to the Superior Court in Fairfield County.
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Trespass on the case, for an injury to the plaintiff’s intestate, resulting in his death, by the neglect of the defendants to remove a nuisance in the public highway ; brought to the Superior Court in Fairfield County. The declaration contained three counts, the second of which was as follows: And the plaintiff as such administratrix further declares and says, that the defendants are a body corporate duly incorported by the laws of this state, and had been duly incorporated and had legally accepted their charter of incorporation and the sundry amendments thereto legally enacted under the…
1Opinion of the CourtButler, C. J.
These parties have been once before us in respect to the same transaction. 34 Conn. R., 140. In the former case the attempt was made to maintain an action for the injury, grounded on a breach of an imposed statutory duty to keep the highway in question free from defects. But we were satisfied that the suspended flag and weight which produced the injury did not constitute a defect in the highway within the meaning of the statute. The cause of action for the same injury alleged here is a breach of contract duty, which, it is alleged, grew out of the. acceptance by the city of a charter from the…
2Cases cited1 opinion
- Jones v. City of New HavenSupreme Court of Connecticut · 1867
3Cited by32 opinions
- Hill v. City of BostonMassachusetts Supreme Judicial Court · 1877
- Hoffman v. City of BristolSupreme Court of Connecticut · 1931
- Strickfaden v. Greencreek Highway DistrictIdaho Supreme Court · 1926
- Proprietors of Mount Hope Cemetery v. City of BostonMassachusetts Supreme Judicial Court · 1893
- Asbury v. Town of AlbemarleSupreme Court of North Carolina · 1913
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