Vickery v. New London Northern Railroad
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 London County and tried to the jury before Williams, J.; verdict and judgment for the plaintiff for $8,500, and appeal by the defendants. No error.
Read the full summary
Action to recover damages for personal injuries alleged to have been caused by the defendants’ negligence, brought to the Superior Court in New London County and tried to the jury before Williams, J.; verdict and judgment for the plaintiff for $8,500, and appeal by the defendants. No error. The complaint, as originally brought and as it remained, alleged that the defendant “The New London Northern Railroad Company owned a certain railroad in this State running into said New London as a common carrier of merchandise and passengers in cars drawn by engines operated by steam along and over said…
1Opinion of the CourtPrentice, C. J.
There are four reasons of appeal which in their substance resolve themselves into two: first, that there was error in submitting the case to the jury under the Federal statute; and second, that the instruction that the burden of proof, in the matter of assumption of risk, was upon the defendants, was erroneous.
The defendants’ contention in support of the first claim of error rests upon two fundamental propositions, to wit: (1) that the complaint clearly and unmistakably undertook to set out a cause of action at common law, and one cognizable by that law for the reason that the injuries…
2Cases cited14 opinions
- Second Employers'liability CasesSupreme Court of the United States · 1912
- Missouri, Kansas & Texas Railway Co. v. WulfSupreme Court of the United States · 1913
- St. Louis, San Francisco & Texas Railway Co. v. SealeSupreme Court of the United States · 1913
- Union Pacific Railway Co. v. WylerSupreme Court of the United States · 1895
- Chicago, Indianapolis & Louisville Railway Co. v. HackettSupreme Court of the United States · 1913
9 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Collens v. New Canaan Water Co.Supreme Court of Connecticut · 1967
- Reilly v. Antonio Pepe Co.Supreme Court of Connecticut · 1928
- Norfolk & Western Railway Co. v. WhitehurstSupreme Court of Virginia · 1919
- Basham v. Chicago Great Western Railway Co.Supreme Court of Iowa · 1915
- Burch v. Cleveland, Cincinnati, Chicago & St. Louis Railway Co.Supreme Court of Missouri · 1931
8 more not listed; retrieve them via the Exa API.