Gray v. Borough of Danbury
Supreme Court of Connecticut
Action for an injury from a defective highway of the defendant borough and a defective bridge of the defendant railroad company; brought to the Superior Court in Fair-field County. Each of the defendants suffered a default, and the case was heard in damages before Andrews, J., and the following facts found:— The borough of Danbury is by law bound to maintain and keep in repair all the highways within its limits.
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Action for an injury from a defective highway of the defendant borough and a defective bridge of the defendant railroad company; brought to the Superior Court in Fair-field County. Each of the defendants suffered a default, and the case was heard in damages before Andrews, J., and the following facts found:— The borough of Danbury is by law bound to maintain and keep in repair all the highways within its limits. West street in it is a much traveled public highway, formerly an ancient town road, leading westerly from the borough. In the year 1880 the Hew York & Hew England Railroad Company…
1Opinion of the CourtCarpenter, J.
This is an action against the borough of Danbury and the New York & New England Railroad Company to recover damages for injuries received by coming in collision with a railroad bridge over the highway. There was a hearing in damages upon default, and judgment against the borough for actual damages and against the railroad company for nominal damages only. The borough and the plaintiff appealed.
Each appeal presents this questionIs the railroad company liable for actual damages?
The material facts are briefly these: In 1880 the railroad company constructed a bridge over West street, in the…
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