Hearn v. E. E. Hilliard Co.
Supreme Court of Connecticut
Action to recover damages for causing the death of the plaintiff’s intestate by negligence, brought to the Superior Court in Hartford County where a demurrer to the complaint was overruled (Maltbie, J.), and the case was afterward tried to the jury before Haines, J.; by direction of the court the jury returned a verdict for the defendant, and from the judgment thereon the plaintiff appealed. As to the physical facts there is no controversy.
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Action to recover damages for causing the death of the plaintiff’s intestate by negligence, brought to the Superior Court in Hartford County where a demurrer to the complaint was overruled (Maltbie, J.), and the case was afterward tried to the jury before Haines, J.; by direction of the court the jury returned a verdict for the defendant, and from the judgment thereon the plaintiff appealed. As to the physical facts there is no controversy. The defendant owned and operated at Buekland in the town of Manchester a mill in which woolen goods were made. In connection with this business it owned…
1Opinion of the CourtBeach, J.
The plaintiff’s claim is that the defendant was negligent, in view of all the circumstances, in failing to protect the bank of the canal so that children of tender years would not fall into it; but the court in directing a verdict for the defendant charged the jury that there was no evidence from which the jury could reasonably determine where the child fell into the water, whether he fell in at or near the end of the path behind the plaintiff ’s tenement, and was carried down to the screen by the water, or whether he left the premises in the rear of the tenement and fell in at or near the…
2Cases cited3 opinions
- Wilmot v. McPaddenSupreme Court of Connecticut · 1906
- Mullen v. Mohican Co.Supreme Court of Connecticut · 1921
- United Brotherhood of Maintenance of Way Employees & Railway Shop Laborers v. KennedyCourt of Chancery of Delaware · 1921
3Cited by6 opinions
- Webel v. Yale UniversitySupreme Court of Connecticut · 1939
- Newman v. GoldenSupreme Court of Connecticut · 1929
- Papallo v. Meriden Savings BankSupreme Court of Connecticut · 1942
- Seaman v. HenriquesSupreme Court of Connecticut · 1953
- Burton v. RothschildSupreme Court of Missouri · 1943
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