Korb v. Bridgeport Gas Light Co.
Supreme Court of Connecticut
Action to recover damages for negligently causing the death of the plaintiff’s intestate by gas asphyxiation, brought to the Superior Court in Fairfield County and tried to the jury before Webb, Jverdict and judgment for the plaintiff for $1,500, and appeal by the defendant. This action was brought under the provisions of § 4 of Chapter 193 of the Public Acts of 1903, to recover for personal injuries resulting in the death of the plaintiff’s intestate.
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Action to recover damages for negligently causing the death of the plaintiff’s intestate by gas asphyxiation, brought to the Superior Court in Fairfield County and tried to the jury before Webb, Jverdict and judgment for the plaintiff for $1,500, and appeal by the defendant. This action was brought under the provisions of § 4 of Chapter 193 of the Public Acts of 1903, to recover for personal injuries resulting in the death of the plaintiff’s intestate. The cause of injury and death is alleged to have been the escape of illuminating-gas on the premises where the intestate slept, occasioned, as…
1Opinion of the CourtPrentice, C. J.
The statute (Public Acts of 1903, Chap. 193, § 4), under which this action was brought, creates a liability unknown to the common law, and contains a proviso that no action shall be brought upon it but within one year from the neglect complained of. This proviso is something more than an ordinary-statute of limitations. It embodies an essential element of the cause of action created—"a condition attached to the right to sue at all.” “The liability and the remedy are created by the same statutes, and the limitations of the remedy are, therefore, to be treated as limitations of the right.” The…
2Cases cited11 opinions
- The HarrisburgSupreme Court of the United States · 1886
- Hill v. Board of SupervisorsNew York Court of Appeals · 1890
- Demartino v. SiemonSupreme Court of Connecticut · 1916
- Radezky v. Sargent & Co.Supreme Court of Connecticut · 1904
- Chichester, Admr. v. New Hampshire Fire Ins. Co.Supreme Court of Connecticut · 1902
6 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- Ecker v. Town of West HartfordSupreme Court of Connecticut · 1987
- Lacasse v. BurnsSupreme Court of Connecticut · 1990
- Baker v. BaningosoSupreme Court of Connecticut · 1948
- Gallo v. G. Fox & Co.Supreme Court of Connecticut · 1961
- Isaac v. Mount Sinai HospitalSupreme Court of Connecticut · 1989
24 more not listed; retrieve them via the Exa API.