Legal Opinion

Linsley v. Bushnell

Supreme Court of Connecticut

Decided July 15, 1842PublishedCited by 36 opinions

This was an action on the case, in two counts. In the first count, the plaintiff alleged, that the defendant, on the 20th of October, 1840, wrongfully and unjustly put, and caused to be put and placed, divers, to wit, ten large logs of wood, and a large ox-cart, in the public highway in Branford, and wrongfully and injuriously kept and continued, and negligently and wrongfully permitted the same to remain therein, and in the usually travelled path thereof, during the space…

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This was an action on the case, in two counts. In the first count, the plaintiff alleged, that the defendant, on the 20th of October, 1840, wrongfully and unjustly put, and caused to be put and placed, divers, to wit, ten large logs of wood, and a large ox-cart, in the public highway in Branford, and wrongfully and injuriously kept and continued, and negligently and wrongfully permitted the same to remain therein, and in the usually travelled path thereof, during the space of three days and three nights, to wit, from the ‘ ' 17th to the 20th of October, 1840, inclusive, without placing,…

1Opinion of the CourtChurch, J.

1. Questions of minor importance have been discussed upon this motion, which it may be well to dispose of, before considering the leading principle of the case.

First, it has been objected, that the testimony of Collins was improperly admitted. Collins testified, that, immediately after the plaintiff received the injury, the defendant said, “ I did not mean to remove the cart and wood, until some body got injured, and then make known who put them into the travelled road.” And afterwards, he said, “What would you do ? I am provoked every day. I won’t touch the wood, if half Branford runs into…

2Cases cited5 opinions

  1. Whipple v. FullerSupreme Court of Connecticut · 1836
  2. Merrils v. Tariff Manufacturing Co.Supreme Court of Connecticut · 1835
  3. Hall v. Connecticut River Steamboat Co.Supreme Court of Connecticut · 1839
  4. Churchill v. WatsonSupreme Court of Connecticut · 1811
  5. Edwards v. BeachSupreme Court of Connecticut · 1809

3Cited by36 opinions

  1. Smith v. WadeSupreme Court of the United States · 1983
  2. Collens v. New Canaan Water Co.Supreme Court of Connecticut · 1967
  3. Triangle Sheet Metal Works, Inc. v. SilverSupreme Court of Connecticut · 1966
  4. Pegram v. StortzWest Virginia Supreme Court · 1888
  5. Miranda v. SaidSupreme Court of Iowa · 2013

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