Julian v. Stony Creek Red Granite Co.
Supreme Court of Connecticut
Action to recover damages for personal injuries claimed to have been caused by the defendant’s negligence, brought to the Superior Court in New Haven County and heard in damages to the court, Elmer, J., after the defendant’s demurrer to the complaint had been overruled by Roraback, J.; facts found and judgment rendered for the plaintiff for §600, and appeal by the defendant for alleged errors in the rulings of the court.
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Action to recover damages for personal injuries claimed to have been caused by the defendant’s negligence, brought to the Superior Court in New Haven County and heard in damages to the court, Elmer, J., after the defendant’s demurrer to the complaint had been overruled by Roraback, J.; facts found and judgment rendered for the plaintiff for §600, and appeal by the defendant for alleged errors in the rulings of the court. The finding stated the following facts: At the time of the accident alleged in the complaint, the plaintiff was at work by the direction of the defendant in its yard, engaged…
1Opinion of the CourtTTatt., J.
The defects in the complaint at the time the defendant’s demurrer was filed, were cured by an amendment made before the overruling of the demurrer. There was no error in the ruling that the complaint was sufficient after such amendment.
The finding of the court states that “ the accident to the plaintiff was caused by the lifting or displacement of the clutch or pawl in such a way as to allow the gearing to slip so that the arm of the derrick just after the lowering of the stone fell and struck the plaintiff ”; that the purpose of the clutch was to prevent the gear from the shaft to the drum…
2Cases cited1 opinion
- Smithwick v. Hall & Upson Co.Supreme Court of Connecticut · 1890
3Cited by4 opinions
- Morris v. Winchester Repeating Arms Co.Supreme Court of Connecticut · 1901
- Walsh v. HayesSupreme Court of Connecticut · 1899
- Hazard Powder Co. v. Somersville Manufacturing Co.Supreme Court of Connecticut · 1905
- Davidson v. Max Ripps Co.Supreme Court of Connecticut · 1912