Colwell v. City of Waterbury
Supreme Court of Connecticut
Action by an employee to recover damages for the loss of an eye claimed to have been caused by the negligence of the defendant in using a defective stone-crusher, brought to the Superior Court in New Haven County and tried to the jury before George W. Wheeler, J.; verdict and judgment for the plaintiff for $1,500, and appeal by the defendant for alleged errors in the charge of the court.
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Action by an employee to recover damages for the loss of an eye claimed to have been caused by the negligence of the defendant in using a defective stone-crusher, brought to the Superior Court in New Haven County and tried to the jury before George W. Wheeler, J.; verdict and judgment for the plaintiff for $1,500, and appeal by the defendant for alleged errors in the charge of the court. The complaint alleged that defendant was the owner of a stone-crusher used to crush stone for macadamizing the streets of the city of Waterbury, and that defendant also sold stone, crushed by such crusher, at…
1Opinion of the CourtHall, J.
The injury to the plaintiff was caused by operating a defective stone-crusher upon which he was at work. The alleged ground of liability is the negligence of the city, or that of its street inspector, in placing the plaintiff, as an employee of the city, at work upon such defective machine.
If the city or its street inspector, in operating the stone-crusher, was engaged in the performance of a public govern mental duty, the defendant, in the absence of any statute making it liable, is not responsible in damages to the plaintiff for the injury caused by such act of negligence, either upon the…
2Cases cited11 opinions
- Hill v. City of BostonMassachusetts Supreme Judicial Court · 1877
- Barney v. City of LowellMassachusetts Supreme Judicial Court · 1868
- Hoyt v. City of DanburySupreme Court of Connecticut · 1897
- Jones v. City of New HavenSupreme Court of Connecticut · 1867
- Hughes v. . County of MonroeNew York Court of Appeals · 1895
6 more not listed; retrieve them via the Exa API.
3Cited by35 opinions
- Hoffman v. City of BristolSupreme Court of Connecticut · 1931
- Moynihan v. ToddMassachusetts Supreme Judicial Court · 1905
- Strickfaden v. Greencreek Highway DistrictIdaho Supreme Court · 1926
- Bacon v. Town of Rocky HillSupreme Court of Connecticut · 1940
- Johnson v. City of SomervilleMassachusetts Supreme Judicial Court · 1907
30 more not listed; retrieve them via the Exa API.