Kalmich v. White
Supreme Court of Connecticut
Actions by a father and his minor son, to recover damages for personal injuries to the latter alleged to have been caused by the defendant’s negligence, brought to and tried together in the Superior Court in New Haven County where each plaintiff was non-suited in a trial to the jury before Banks, J., and from the refusal of the trial court to set aside such judgments, the plaintiffs appealed.
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Actions by a father and his minor son, to recover damages for personal injuries to the latter alleged to have been caused by the defendant’s negligence, brought to and tried together in the Superior Court in New Haven County where each plaintiff was non-suited in a trial to the jury before Banks, J., and from the refusal of the trial court to set aside such judgments, the plaintiffs appealed. The plaintiff’s evidence tended to show that the minor plaintiff, nine years old, while playing in the freight yard of the New York, New Haven and Hartford Railroad Company at Meriden, was invited by the…
1Opinion of the CourtBeach, J.
At the time of the accident the driver of the truck was on his master's business and in the ordinary course of his employment, and since there was some evidence from which the jury might have found that the minor plaintiff's injuries were caused by lack of ordinary care in turning a sharp corner at so high a rate of speed while the boy was riding on the running-board, the defendant’s contention is and must be that the respondeat superior rule does not apply, because the defendant owed no duty to the minor plaintiff. This claim of immunity is put on the ground that the minor plaintiff was a…
2Cases cited8 opinions
- Isbell v. New York & New Haven RailroadSupreme Court of Connecticut · 1858
- Brennan v. Fair Haven & Westville RailroadSupreme Court of Connecticut · 1877
- Davis' Admr. v. Ohio Valley Banking & Trust Co.Court of Appeals of Kentucky · 1908
- Walker v. FullerMassachusetts Supreme Judicial Court · 1916
- Evarts v. St. Paul, Minneapolis & Manitoba Ry. Co.Supreme Court of Minnesota · 1894
3 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Bunnell v. Waterbury HospitalSupreme Court of Connecticut · 1925
- McPheters v. LoomisSupreme Court of Connecticut · 1939
- Ward v. AverySupreme Court of Connecticut · 1931
- Blue Bar Taxicab & Transfer Co. v. HudspethArizona Supreme Court · 1923
- Deacy v. McDonnellSupreme Court of Connecticut · 1944
17 more not listed; retrieve them via the Exa API.