Fox v. Town of Glastenbury
Supreme Court of Connecticut
Action on the statute with regard to highways and bridges, brought by the plaintiff, as administrator of Harriet Fox, to recover damages for the loss of her life by reason of the negligence of the defendants in not maintaining a railing along the sides of a causeway, which was a part of a public highway of the town. The case is sufficiently stated in the opinion of the court.
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Action on the statute with regard to highways and bridges, brought by the plaintiff, as administrator of Harriet Fox, to recover damages for the loss of her life by reason of the negligence of the defendants in not maintaining a railing along the sides of a causeway, which was a part of a public highway of the town. The case is sufficiently stated in the opinion of the court. The jury rendered a verdict for the plain tiff, and the defendants moved for a new trial for a verdict against evidence.
1Opinion of the CourtSanford, J.
We have no intention to disturb the current of our decisions in regard to the granting of new trials for verdicts against evidence. Nor do we mean to say that the highway on which this deplorable accident occurred, was not “ so raised above the surface of the adjoining ground as to endanger the safety of travelers,” nor that it was adequately protected by a fence or railing on its sides, as the law requires. Rev. Stat., tit. 24, § 7. Indeed, a majority of us are of opinion that the town had been culpably negligent in regard to such protection. But upon a very careful examination of the…
2Cases cited3 opinions
- Beers v. Housatonuc Rail-roadSupreme Court of Connecticut · 1849
- Hyde v. Town of JamaicaSupreme Court of Vermont · 1855
- Spencer v. Utica & Schenectady Raid-RoadNew York Supreme Court · 1849
3Cited by9 opinions
- Clarke v. Connecticut Co.Supreme Court of Connecticut · 1910
- Harris v. Township of ClintonMichigan Supreme Court · 1887
- Deyo v. . New York Central Railroad Co.New York Court of Appeals · 1865
- Hainlin v. BudgeSupreme Court of Florida · 1908
- Hassenyer v. Michigan Central RailroadMichigan Supreme Court · 1882
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