New England Iron Work's Co. v. Connecticut Co.
Supreme Court of Connecticut
Action to recover damages for injury to the plaintiff’s motortruck and for the loss of its use, alleged to have been caused by the defendant’s negligence, brought to the Court of Common Pleas in New Haven County and tried to the jury before Booth, J.; verdict and judgment for the plaintiff for $415, and appeal by the defendant. Error and new trial ordered unless plaintiff remits %ÍJ¡fí of judgment.
1Opinion of the CourtBurpee, J.
The appellant assigns for a reason of appeal this sentence in the charge to the jury: “The plaintiff is bound to show that he made reasonable use of his own senses and faculties to avoid any danger that he might reasonably have anticipated; that is, such use of them as an ordinarily prudent man of his class and condition would have made in the circumstances.” It is contended that the words “of his class and condition,” attach an improper qualification to the rule of reasonable care. We find that the court had already stated that this action was based on negligence, and that negligence was the…
2Cases cited5 opinions
- Nehring v. Connecticut Co.Supreme Court of Connecticut · 1912
- Smith v. Connecticut Railway & Lighting Co.Supreme Court of Connecticut · 1907
- Farrington v. CheponisSupreme Court of Connecticut · 1911
- Elliott v. New York, New Haven & Hartford RailroadSupreme Court of Connecticut · 1910
- Brown v. PageSupreme Court of Connecticut · 1922
3Cited by6 opinions
- Rosenblatt v. BermanSupreme Court of Connecticut · 1955
- National Contract Purchase Corp. v. McCormickAppellate Court of Illinois · 1931
- Longworth v. McGrathSupreme Court of Connecticut · 1928
- Mastrianni v. Apothecaries Hall Co.Supreme Court of Connecticut · 1929
- Commercial Credit Corporation v. MironSupreme Court of Connecticut · 1928
1 more not listed; retrieve them via the Exa API.