Derwort v. Loomer
Supreme Court of Connecticut
This was an action on the case, for injuries sustained by Marion Derwort, one of the plaintiffs, and wife of George H. Derwort, the other plaintiff, in consequence of the overturning of a stage-coach, owned by the defendant, and used by him for the conveyance of passengers for hire, from Bridgeport, to Derby.
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This was an action on the case, for injuries sustained by Marion Derwort, one of the plaintiffs, and wife of George H. Derwort, the other plaintiff, in consequence of the overturning of a stage-coach, owned by the defendant, and used by him for the conveyance of passengers for hire, from Bridgeport, to Derby. The declaration, after alleging, that the defendant received said Marion, as a passenger, to be conveyed safely, in his stage-coach, from Bridgeport to Derby, for a certain reward, averred, that the defendant, not regarding his duty, did not use proper care, but neglected so to do, and…
1Opinion of the CourtEllsworth, J.
This is a motion for a new trial, because the verdict is against evidence.
It has been argued before us, as if two issues had been tried to the jury; one upon the sufficiency of the evidence to support the declaration, and the other, the sufficiency of the evidence to support the plea of accord and satisfaction, and release.
We are of opinion the jury erred, in rendering their verdict for the defendant, on either ground of defence, and so obviously erred, that we shall allow the plaintiffs to present their cause for trial, to another jury.
The court is reluctant, at all times, to set aside the…
2Cases cited3 opinions
- Holker v. ParkerSupreme Court of the United States · 1813
- Vail v. ConantSupreme Court of Vermont · 1843
- Lambert v. SandfordIndiana Supreme Court · 1828
3Cited by30 opinions
- Treadwell v. WhittierCalifornia Supreme Court · 1889
- Carroll v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1909
- International & Great Northern Railway Co. v. WelchTexas Supreme Court · 1893
- Preston v. HillCalifornia Supreme Court · 1875
- Forrester v. Southern Pacific Co.Nevada Supreme Court · 1913
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