Budd v. Meriden Electric Railroad
Supreme Court of Connecticut
Action to recover damages for negligence in causing the death of the plaintiff’s intestate, brought to the Superior Court in New Haven County and heard in damages to the court, Shumway, J. ; facts found and judgment rendered for the plaintiff for $1,500, and appeal by the defendant for alleged errors in the rulings of the court.
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Action to recover damages for negligence in causing the death of the plaintiff’s intestate, brought to the Superior Court in New Haven County and heard in damages to the court, Shumway, J. ; facts found and judgment rendered for the plaintiff for $1,500, and appeal by the defendant for alleged errors in the rulings of the court. The defendant filed the following plea in abatement: “ The defendant pleads in abatement because said writ was not otherwise served upon it than by the officer leaving a copy of said writ and complaint in the hands of W. C. Gray, a resident director of said Meriden…
1Opinion of the CourtAndrews, C. J.
There was no error in sustaining the demurrer to the plea in abatement. The service of the complaint by leaving a copy with a resident director was a good service, unless such circumstances existed as made it a defective one. The defendant, in order to have that service set aside, was in duty bound to point out in its plea in abatement the existence of those circumstances, by direct and positive averment. The defendant’s plea did not do this. It may be true that the ancient rigor of pleading in abatement is not now insisted on. Courts do not now, in considering such a plea, “ refuse to…
2Cases cited7 opinions
- Madden's Adm'r v. C. & O. Railway Co.West Virginia Supreme Court · 1886
- Brown v. Town of SouthburySupreme Court of Connecticut · 1885
- Pitkin v. New York & New England RailroadSupreme Court of Connecticut · 1894
- Morris v. Town of East HavenSupreme Court of Connecticut · 1874
- Shaw v. City of WaterburySupreme Court of Connecticut · 1878
2 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- Tuohey v. MartinjakSupreme Court of Connecticut · 1935
- State v. GoetzSupreme Court of Connecticut · 1910
- Smith v. FurnessSupreme Court of Connecticut · 1933
- Carlson v. Connecticut Co.Supreme Court of Connecticut · 1921
- Cassidy v. Town of SouthburySupreme Court of Connecticut · 1912
26 more not listed; retrieve them via the Exa API.