Legal Opinion

Nesbit v. Crosby

Supreme Court of Connecticut

Decided March 5, 1902PublishedCited by 12 opinions

Action to recover damages for a collision in the highway, claimed to have been caused by the defendant’s negligence, brought to the Court of Common Pleas in New Haven County and tried to the jury before Hubbard, J.; verdict and judgment for the defendant, and appeal by the plaintiff for alleged errors in the rulings and charge of the court.

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Action to recover damages for a collision in the highway, claimed to have been caused by the defendant’s negligence, brought to the Court of Common Pleas in New Haven County and tried to the jury before Hubbard, J.; verdict and judgment for the defendant, and appeal by the plaintiff for alleged errors in the rulings and charge of the court. The complaint alleged, in substance, that the plaintiff’s team, while being driven in the nighttime with due care along Savin Avenue in New Haven, ran into the defendant’s team, standing in the dark diagonally across the street where it had been improperly…

1Opinion of the CourtPrentice, J.

The assignments of error, in so far as they relate to the oharge and refusals to charge, may, with one or two exceptions, be classified into three groups, to wit: (1) those which criticize the court’s instructions as to what constitutes negligence; (2) those which complain of the court’s refusal to instruct the jury as a matter of law that certain conduct in the defendant would constitute negligence; and (3) those which complain of the action of the court in submitting to the jury, as a question of fact to be determined by them upon the evidence, whether or not the defendant was guilty of…

2Cases cited3 opinions

  1. Sydleman v. BeckwithSupreme Court of Connecticut · 1875
  2. Farist Steel Co. v. City of BridgeportSupreme Court of Connecticut · 1891
  3. Park v. O'BrienSupreme Court of Connecticut · 1854

3Cited by12 opinions

  1. DeCarufel v. Colonial Trust Co.Supreme Court of Connecticut · 1955
  2. Pan-American Petroleum Transp. Co. v. Robins Dry Dock & Repair Co.Court of Appeals for the Second Circuit · 1922
  3. Wiley v. Rutland RailroadSupreme Court of Vermont · 1913
  4. Pierson, Jr. v. FredericksonNew Jersey Superior Court Appellate Division · 1968
  5. Bennett v. Central California Traction Co.California Court of Appeal · 1931

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