Dwy v. Connecticut Co.
Supreme Court of Connecticut
Action to recover damages for personal injuries alleged to have been caused by the defendants’ negligence, brought to the Superior Court in New Haven County where the plaintiff’s demurrer to the defendants’ second defense, which set up alleged written releases of the plaintiff’s cause of action, was overruled (Gager, J.) and said defense held sufficient, and, upon the plaintiff’s refusal to plead further, judgment was thereafter rendered (Burpee, J.) for the defendants, from…
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Action to recover damages for personal injuries alleged to have been caused by the defendants’ negligence, brought to the Superior Court in New Haven County where the plaintiff’s demurrer to the defendants’ second defense, which set up alleged written releases of the plaintiff’s cause of action, was overruled (Gager, J.) and said defense held sufficient, and, upon the plaintiff’s refusal to plead further, judgment was thereafter rendered (Burpee, J.) for the defendants, from which the plaintiff appealed. The plaintiff’s injuries were sustained while he was engaged as an employee of the Fred…
1Opinion of the CourtPkentice, C. J.
This appeal presents a single question only, to wit: did the execution and delivery by the plaintiff to the Ley Company, his immediate employer, of the two instruments recited in the answer, operate to discharge the defendants from liability for the plaintiff’s injury? The plaintiff contends that it did not so operate for two reasons: (1) that the Ley Company did not stand in the position of a joint tortfeasor, and (2) that, even if it did, the legal effect of the instruments, when properly construed, was not to release from liability any other joint tort-feasor.
We will consider the second of…
2Cases cited36 opinions
- Lovejoy v. MurraySupreme Court of the United States · 1866
- Gilbert v. . FinchNew York Court of Appeals · 1903
- Parmelee v. LawrenceIllinois Supreme Court · 1867
- Ellis v. EssonWisconsin Supreme Court · 1880
- Abb v. Northern Pacific Railway Co.Washington Supreme Court · 1902
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3Cited by103 opinions
- Burrell v. MeadsIndiana Supreme Court · 1991
- Hoffman-La Roche, Inc. v. CampbellSupreme Court of Alabama · 1987
- Kaplan v. Merberg Wrecking CorporationSupreme Court of Connecticut · 1965
- Peck v. JacqueminSupreme Court of Connecticut · 1985
- Bricker v. GreenMichigan Supreme Court · 1946
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