Havens v. Hartford & New Haven Railroad
Supreme Court of Connecticut
Action of trespass and trespass on the case for an injury-received by the plaintiff in the attempt of the servants of the defendants to eject him from a railroad car. The first count was in trespass; the others, three in number, were in case, each of the latter containing an averment that it was for the same cause of action that was set forth in the preceding count, and all the counts except the second alleging only a personal injury to the plaintiff.
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Action of trespass and trespass on the case for an injury-received by the plaintiff in the attempt of the servants of the defendants to eject him from a railroad car. The first count was in trespass; the others, three in number, were in case, each of the latter containing an averment that it was for the same cause of action that was set forth in the preceding count, and all the counts except the second alleging only a personal injury to the plaintiff. The second count, upon which the only question considered by this court was made, was as follows :— And the plaintiff further declares and says…
1Opinion of the CourtHinman, J.
This is a motion in error from the judgment of the superior court founded upon the insufficiency of the plaintiff’s declaration. The first count in the declaration is in trespass, for forcibly ejecting the plaintiff from the defendants’ cars and beating and kicking him in so doing, he .at the time being properly and regularly therein as a passenger from New Haven to Middletown. The other counts are in case, and are alleged to be for the same cause of action ; but the second count not only alleges an injury to his person by being carelessly thrust from the defendants’ car by their agents and…
2Cases cited2 opinions
- Holly v. BrownSupreme Court of Connecticut · 1841
- Boerum v. TaylorSupreme Court of Connecticut · 1848
3Cited by9 opinions
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- Andrews v. ThayerSupreme Court of Connecticut · 1873
- Craine v. EdwardsCourt of Appeals of Kentucky · 1891
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