Birge v. Gardiner
Supreme Court of Connecticut
This was an action on the case, alleging, that the defendant, on the 10th day of August 1847, did negligently, carelessly and unlawfully set up and erect a certain gate, of great size and weight, viz, about 15 feet long and 5 feet high, and'about 500 pounds "weight; and as the plaintiff was afterwards, on the same day, walking over the ground near said gate, as he lawfully might, said gate fell over upon the plaintiff; whereby, and by reason of the carelessness and…
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This was an action on the case, alleging, that the defendant, on the 10th day of August 1847, did negligently, carelessly and unlawfully set up and erect a certain gate, of great size and weight, viz, about 15 feet long and 5 feet high, and'about 500 pounds "weight; and as the plaintiff was afterwards, on the same day, walking over the ground near said gate, as he lawfully might, said gate fell over upon the plaintiff; whereby, and by reason of the carelessness and negligence of the defendant in setting up and erecting the same, the plaintiff was thrown violently upon the ground, and one of…
1Opinion of the Court
Church, Ch. J.
This action was brought against the defendant for negligently placing and leaving a heavy gate, so that the plaintiff, a child under the age of seven years, was severely injured, by its falling.upon him, and breaking his leg. It was agreed that the gate was erected, by the defendant, upon his own land ; and he denied any negligence. But he claimed, if he had been in fault, that the falling of the gate and the injury of the plaintiff were caused by the wrongful and negligent conduct of the plaintiff himself, by shaking and pulling the gate, without any necessity, and by an act of…
2Cases cited1 opinion
- Rathbun & West v. PayneNew York Supreme Court · 1838
3Cited by86 opinions
- Powers v. HarlowMichigan Supreme Court · 1884
- City of Pekin v. McMahonIllinois Supreme Court · 1895
- Renz v. Penn Central Corp.Supreme Court of New Jersey · 1981
- Kefee v. Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1875
- Washington v. B. & O. R. R.West Virginia Supreme Court · 1880
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