Cowles v. New York, New Haven & Hartford Railroad
Supreme Court of Connecticut
Actions to recover damages for personal injuries alleged to have been caused by the defendants’ negligence, brought to and heard together in damages by the Superior Court in Hartford County, Gager, J.; facts found and judgment rendered for the plaintiff for substantia] damages in three of the cases, and for nominal damages only in the fourth case, from which judgments the losing parties respectively appealed.
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Actions to recover damages for personal injuries alleged to have been caused by the defendants’ negligence, brought to and heard together in damages by the Superior Court in Hartford County, Gager, J.; facts found and judgment rendered for the plaintiff for substantia] damages in three of the cases, and for nominal damages only in the fourth case, from which judgments the losing parties respectively appealed. The defendants own and operate a railroad running from Middletown, crossing the Connecticut River upon a bridge, and thence running easterly to the village of East Hampton and beyond.…
1Opinion of the CourtHamersley, J.
The trial court finds that the defendants were guilty of negligence in permitting the existence, without cause or necessity, of trees and bushes upon their right of way, which caused an obstruction to a view of the defendants’ tracks by a traveler in the highway approaching the public crossing; and finds that the defendants were guilty of no other negligence thah that of permitting said bushes and trees to grow within their right of way.
“The essence of actionable negligence is the infringement of the legal right of another, or, in other words, the violation of a duty imposed by law in respect…
2Cases cited9 opinions
- Hoyt v. City of DanburySupreme Court of Connecticut · 1897
- Newton v. New York, New Haven & Hartford RailroadSupreme Court of Connecticut · 1899
- Wilmot v. McPaddenSupreme Court of Connecticut · 1906
- Chicago, Rock Island & Pacific Railway Co. v. HindsSupreme Court of Kansas · 1896
- Doolittle v. Selectmen of BranfordSupreme Court of Connecticut · 1890
4 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Pratt, Read & Co. v. New York, New Haven & Hartford RailroadSupreme Court of Connecticut · 1925
- Freedman v. New York, New Haven & Hartford RailroadSupreme Court of Connecticut · 1909
- Shaw v. Soo Line RailroadSupreme Court of Iowa · 1990
- Louisville & NR Co. v. GarrettSupreme Court of Alabama · 1979
- Alabama Great Southern Railroad Co. v. JohnstonSupreme Court of Alabama · 1967
11 more not listed; retrieve them via the Exa API.