Delaney v. Waterbury & Milldale Tramway Co.
Supreme Court of Connecticut
Action to recover damages for personal injuries alleged to have been caused by the negligence of the defendant, brought to and tried by the Superior Court in New Haven County, Reed, J., upon demurrer to the complaint; the court sustained the demurrer and, upon the refusal of the plaintiff to plead further, rendered judgment for the defendant, from which the plaintiff appealed.
Read the full summary
Action to recover damages for personal injuries alleged to have been caused by the negligence of the defendant, brought to and tried by the Superior Court in New Haven County, Reed, J., upon demurrer to the complaint; the court sustained the demurrer and, upon the refusal of the plaintiff to plead further, rendered judgment for the defendant, from which the plaintiff appealed. The complaint alleges that the plaintiff received personal injuries in the night season while she was standing at a regular stopping-place of the defendant’s cars, intending to become a passenger upon an approaching…
1Opinion of the CourtPrentice, C. J.
The demurrer to the complaint, which was sustained, states fourteen reasons which, for purposes of our present consideration, may coveniently be grouped under three heads substantially as follows: (1) that the statutory notice given to the defendant did not contain a statement of the cause of injury sufficient to support a recovery, and especially a recovery for the cause alleged in the complaint; (2) that the complaint does not allege a good cause of action by reason of its failure to show that the defendant’s negligence- was the proximate cause of the plaintiff’s injury and that the…
2Cases cited9 opinions
- Nehring v. Connecticut Co.Supreme Court of Connecticut · 1912
- Gardner v. City of New LondonSupreme Court of Connecticut · 1893
- Budd v. Meriden Electric RailroadSupreme Court of Connecticut · 1897
- Cassidy v. Town of SouthburySupreme Court of Connecticut · 1912
- Dean v. Town of SharonSupreme Court of Connecticut · 1900
4 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Nicholaus v. City of BridgeportSupreme Court of Connecticut · 1933
- Lussier v. Department of TransportationSupreme Court of Connecticut · 1994
- Warkentin v. BurnsSupreme Court of Connecticut · 1992
- Flynn v. First National Bank & Trust Co.Supreme Court of Connecticut · 1944
- Sizer v. City of WaterburySupreme Court of Connecticut · 1931
15 more not listed; retrieve them via the Exa API.