Company for Erecting & Supporting a Toll Bridge from New Haven to East Haven v. Betsworth
Supreme Court of Connecticut
Action of trespass, with a count in case, for an injury to a draw bridge of the plaintiffs by the vessel of the defendant in passing through the same ; tried to the jury in the superior court on the general issue, with notice of the matters of defense hereinafter stated, before Waldo, J. The plaintiffs were a corporation, chartered by the general assembly in 1796, for the purpose of erecting and maintaining a toll bridge across the Quinnipiac river between New Haven and East…
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Action of trespass, with a count in case, for an injury to a draw bridge of the plaintiffs by the vessel of the defendant in passing through the same ; tried to the jury in the superior court on the general issue, with notice of the matters of defense hereinafter stated, before Waldo, J. The plaintiffs were a corporation, chartered by the general assembly in 1796, for the purpose of erecting and maintaining a toll bridge across the Quinnipiac river between New Haven and East Haven ; the charter providing that they should keep a suitable draw in the bridge for the passage of vessels, and that…
1Opinion of the CourtDutton, J.
Two questions are presented in this case; one whether evidence of a license was admissible, the other whether, if so, the declarations of the draw-tenders were admissible to prove the license.
As to the first, it will require very little argument to support the decision of the judge below. The plaintiffs, só far as this question is concerned, claim damages, not on the ground that they have sustained an injury from any negligent or willful act of the defendant, but because the damage which they received was owing to the violation by the defendant of a statute law of the state. Rev. Stat., tit.…
2Cited by10 opinions
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