Morris v. Winchester Repeating Arms Co.
Supreme Court of Connecticut
Action to recover damages for personal injury claimed to have been caused by the defendant’s negligence, brought to the Superior Court in New Haven County and heard in damages to the court, George W. Wheeler, J.; facts found and judgment rendered for the plaintiff for 11,600, and appeal by the defendant for alleged errors in the findings and rulings of the court.
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Action to recover damages for personal injury claimed to have been caused by the defendant’s negligence, brought to the Superior Court in New Haven County and heard in damages to the court, George W. Wheeler, J.; facts found and judgment rendered for the plaintiff for 11,600, and appeal by the defendant for alleged errors in the findings and rulings of the court. It appears from the facts as found by the trial court, that the plaintiff, a servant of the defendant, was injured while operating a feed-dial upright press, used for the purpose of reducing cartridge shells to a desired size and…
1Opinion of the CourtHamersley, J.
The court below rendered judgment for the plaintiff (including substantial damages) upon demurrer overruled.
In actions of tort, damages in a judgment upon default or demurrer overruled are assessed by the court, when the defendant, within the prescribed time, gives written notice of his intention to suffer a default or to refuse to plead over. Public Acts, 1897, Chap. 190, p. 884. Upon a hearing in damages in actions for negligence, the defendant cannot contradict the negligence as alleged in the complaint, nor the right of the plaintiff to- maintain such action, unless he files a written…
2Cases cited5 opinions
- Tomlinson v. Town of DerbySupreme Court of Connecticut · 1876
- Nalley v. Hartford Carpet Co.Supreme Court of Connecticut · 1884
- Finken v. Elm City Brass Co.Supreme Court of Connecticut · 1900
- Winsted Hosiery Co. v. New Britain Knitting Co.Supreme Court of Connecticut · 1897
- Julian v. Stony Creek Red Granite Co.Supreme Court of Connecticut · 1899
3Cited by12 opinions
- Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. CaseIndiana Supreme Court · 1910
- Travelers Indemnity Co. v. RubinSupreme Court of Connecticut · 1988
- City of Hartford v. PoindexterSupreme Court of Connecticut · 1911
- Tower v. CampSupreme Court of Connecticut · 1925
- Baldwin v. Tradesmens National BankSupreme Court of Connecticut · 1960
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