Dean v. Town of Sharon
Supreme Court of Connecticut
Action to recover damages for personal injuries claimed to have been caused by a defective highway, brought to the Superior Court in Litchfield County where a demurrer to the complaint was overruled (George W. Wheeler, J.), and the cause was afterwards tried to the jury before Shumway, J.; verdict and'judgment for the plaintiff for |2,000 damages, 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 a defective highway, brought to the Superior Court in Litchfield County where a demurrer to the complaint was overruled (George W. Wheeler, J.), and the cause was afterwards tried to the jury before Shumway, J.; verdict and'judgment for the plaintiff for |2,000 damages, and appeal by the defendant for alleged errors in the rulings of the court. The following is the part of the statutory notice which describes the injury sustained by Mrs. Dean, the cause thereof, and the time and place of its occurrence: — ■“ She…
1Opinion of the CourtHall, J.
Whether or not, in actions of this character, the injury sustained can properly be regarded as the result of the failure of the town to fulfill the duty imposed by statute—to maintain its highways in a reasonably safe condition for public travel—depends upon the facts peculiar to each case. The location of the highway, the amount of travel over it, the nature and cause of the alleged defect, the length of time it has existed, the knowledge of the town of the defect, and its opportunity, power and means to repair or remove it so as to avert the accident, and the supervision exercised by the…
2Cases cited4 opinions
- Gardner v. City of New LondonSupreme Court of Connecticut · 1893
- Manchester v. City of HartfordSupreme Court of Connecticut · 1861
- Carstesen v. Town of StratfordSupreme Court of Connecticut · 1896
- Landolt v. City of NorwichU.S. Circuit Court for the District of Connecticut · 1871
3Cited by17 opinions
- Veits v. City of HartfordSupreme Court of Connecticut · 1948
- Pratt, Read & Co. v. New York, New Haven & Hartford RailroadSupreme Court of Connecticut · 1925
- Sizer v. City of WaterburySupreme Court of Connecticut · 1931
- Crotty v. City of DanburySupreme Court of Connecticut · 1906
- Delaney v. Waterbury & Milldale Tramway Co.Supreme Court of Connecticut · 1916
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