Fox v. Kinney
Supreme Court of Connecticut
Action to recover damages for personal injuries resulting in the death of the plaintiff’s intestate, brought to the District Court of Waterbury and thence by appeal to the Superior Court in New Haven County and heard in damages to the court, Roraback, J.; facts found and judgment rendered for the plaintiff for $8,000 damages, and appeal by the de~' fendant for alleged errors in the rulings and findings of the court.
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Action to recover damages for personal injuries resulting in the death of the plaintiff’s intestate, brought to the District Court of Waterbury and thence by appeal to the Superior Court in New Haven County and heard in damages to the court, Roraback, J.; facts found and judgment rendered for the plaintiff for $8,000 damages, and appeal by the de~' fendant for alleged errors in the rulings and findings of the court. It appears that the defendant was a mason and builder, and on the day of the alleged injury was engaged as contractor in erecting a dwelling-house at Lenox, Massachusetts. The…
1Opinion of the CourtHamebsley, J.
The defendant is not entitled to a correction of the finding. The fact specially relied on in his exceptions is not an “ admitted or undisputed factnor is its statement in the finding necessary to present a question of law decided adversely to the appellant. Hoadley v. Savings Bank of Danbury, 71 Conn. 599, 612.
The main contention of the defendant is, that the ultimate conclusion of negligence has been drawn from specified subordinate facts which are legally incompetent to support it. In reaching this conclusion the trial court did not violate any principle of law. It assumed that it is the…
2Cases cited2 opinions
- Farrell v. Waterbury Horse R. R. Co.Supreme Court of Connecticut · 1891
- Hoadley v. Savings BankSupreme Court of Connecticut · 1899
3Cited by6 opinions
- Duffy v. J. W. Bishop Co.Supreme Court of Connecticut · 1923
- Dinini v. Mechanics Savings BankSupreme Court of Connecticut · 1912
- Parmelee v. HillerSupreme Court of Connecticut · 1942
- Peterson v. ThomasSupreme Court of Connecticut · 1927
- Fogarty v. E. J. Kelley Co.Supreme Court of Connecticut · 1939
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