Kelly, Admr. v. New Haven Steamboat Co.
Supreme Court of Connecticut
Action to recover damages for personal injuries resulting in the death of the plaintiff’s intestate, brought to the Superior Court in New Haven County and heard in damages to the court, Ralph Wheeler, J.; facts found and judgment rendered for the plaintiff for $4,000, and appeal by the defendant for alleged errors in the rulings and findings of the court.
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Action to recover damages for personal injuries resulting in the death of the plaintiff’s intestate, brought to the Superior Court in New Haven County and heard in damages to the court, Ralph Wheeler, J.; facts found and judgment rendered for the plaintiff for $4,000, and appeal by the defendant for alleged errors in the rulings and findings of the court. The material facts found are these: The defendant corporation, on the day of the injury, owned and ran the steamboat Continental, on which Kelly, the plaintiff’s intestate, was a deck hand. On that day said boat arrived at its dock in New…
1Opinion of the CourtTorrance, C. J.
The trial court has found that, legally speaking, the sole cause of the accident to Kelly was the negligent failure to use the fender; and one of the important questions in the case is whether the defendant was responsible to Kelly for that failure. It was so responsible, if in law the negligence of the mate was the negligence of Kelly’s master, while it was not, if such negligence was that of Kelly’s fellow-servant.
The common-law rule that a master is not liable to his servant for injuries caused to the latter solely by the negligence of a competent fellow-servant, is recognized as the…
2Cases cited4 opinions
- Darrigan v. New York & New England RailroadSupreme Court of Connecticut · 1885
- Wilson v. Willimantic Linen Co.Supreme Court of Connecticut · 1883
- Benson v. GoodwinMassachusetts Supreme Judicial Court · 1888
- Burke v. Norwich & Worcester RailroadSupreme Court of Connecticut · 1867
3Cited by6 opinions
- Indianapolis Traction & Terminal Co. v. MathewsIndiana Supreme Court · 1912
- Gilmore v. American Tube & Stamping Co.Supreme Court of Connecticut · 1907
- Whittlesey v. New York, New Haven & Hartford RailroadSupreme Court of Connecticut · 1904
- Brown v. People's Gas Light Co.Supreme Court of Vermont · 1908
- Tenney v. Baird Machine Co.Supreme Court of Connecticut · 1913
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