Duff v. Husted
Supreme Court of Connecticut
Action to recover damages for causing the death of the plaintiff’s intestate .by the alleged negligent operation of the defendant’s automobile, brought to the Superior Court in Fairfield County where the plaintiff was nonsuited in a trial to the jury before Keeler, J., and from the refusal to set aside this judgment the plaintiff appealed.
1Per curiam
In determining whether the plaintiff’s evidence should have been submitted to the jury, it is to be treated in the most favorable aspect to his case of which it is reasonably susceptible. So tested, the admission in the answer that the plaintiff’s decedent "died on the day he is said to have received his injuries, coupled with the testimony as to their nature and extent, would have warranted the inference that death resulted from the injuries, while the boy’s age — six years — left it exclusively for the jury to say whether contributory negligence was attributable to him. Lynch v. Shearer, 83…
2Cases cited2 opinions
- Rohloff v. Fair Haven & Westville RailroadSupreme Court of Connecticut · 1904
- Lynch v. ShearerSupreme Court of Connecticut · 1910
3Cited by5 opinions
- Lombardi v. WalladSupreme Court of Connecticut · 1923
- Brown v. PageSupreme Court of Connecticut · 1922
- Greene v. WilleySupreme Judicial Court of Maine · 1952
- Colvin v. DelaneySupreme Court of Connecticut · 1924
- Miranti v. GalloSupreme Court of Connecticut · 1921