Legal Opinion

Dimock v. Town of Suffield

Supreme Court of Connecticut

Decided September 15, 1861PublishedCited by 23 opinions

Action on the case for injuries received, through the negligence of the defendants, from the unsafe condition of a highway. The case was tried in the superior court on the general issue closed to the court. On the trial the highway in question was proved to have been properly constructed and in good repair, except so far as the contrary appears from the following facts.

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Action on the case for injuries received, through the negligence of the defendants, from the unsafe condition of a highway. The case was tried in the superior court on the general issue closed to the court. On the trial the highway in question was proved to have been properly constructed and in good repair, except so far as the contrary appears from the following facts. The road where the accident happened was over a clay soil and the gutters on each side of the traveled path were deep, but the road was properly made and worked. Several weeks prior to the injury complained of the owner of the…

1Opinion of the Court

Hinman, O. J.

Our advice is asked in this cause upon a question of fact; whether, under the circumstances detailed in the finding, the town was guilty of negligence in suffering the pile of plastering, which frightened the plaintiff’s horse, to remain by the side of the road. We presume it was not intended that we should confine our examination of the question to the abstract duty of the town merely, but to the town’s duty in reference to the plaintiff under the 'circumstances of this particular case. And, thus considered, it becomes a question whether, under the circumstances stated, the town *132…

2Cited by23 opinions

  1. Bacon v. Town of Rocky HillSupreme Court of Connecticut · 1940
  2. Hay v. HillSupreme Court of Connecticut · 1950
  3. Morse v. Town of RichmondSupreme Court of Vermont · 1868
  4. Clinton v. HowardSupreme Court of Connecticut · 1875
  5. Ayer v. City of NorwichSupreme Court of Connecticut · 1872

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