New York, New Haven & Hartford Railroad v. Hungerford
Supreme Court of Connecticut
Writ of error to reverse a judgment of the Superior ■Court for Hartford County, rendered upon a hearing in damages after a default, awarding the defendant in error $2,500 damages for the death of his intestate caused by the alleged negligence of the plaintiff in error. The specific error relied upon was the action of the trial ■court, Elmer, J., in overruling the demurrer of the railroad company to the complaint in the original action.
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Writ of error to reverse a judgment of the Superior ■Court for Hartford County, rendered upon a hearing in damages after a default, awarding the defendant in error $2,500 damages for the death of his intestate caused by the alleged negligence of the plaintiff in error. The specific error relied upon was the action of the trial ■court, Elmer, J., in overruling the demurrer of the railroad company to the complaint in the original action. The judgment of the Superior Court sought to be reversed is as follows; “ This action, by writ and complaint claiming five thousand dollars damages as on file,…
1Opinion of the CourtHamersley, J.
The nature and effect of a judgment by default has been well illustrated by pointing out the analogy between an action at law and a syllogism. The major premise is a proposition of law, as, for instance, whoever does certain specified acts to the injury of another is bound to pay that other the damage thus inflicted. This proposition is not-pleaded, but is necessarily involved in stating the facts alleged in the complaint. -
The minor premise'is a statement of facts, as, for-instance,. the defendant has done certain acts (being the acts referred to in the proposition of law) to the damage of…
2Cases cited1 opinion
- Lamphear v. BuckinghamSupreme Court of Connecticut · 1866
3Cited by16 opinions
- Travelers Indemnity Co. v. RubinSupreme Court of Connecticut · 1988
- Hourigan v. City of NorwichSupreme Court of Connecticut · 1904
- Morehouse v. Employers' Liability Assurance Corp.Supreme Court of Connecticut · 1935
- Paiwich v. KrieswalisSupreme Court of Connecticut · 1921
- Cary v. Phoenix Ins. Co.Supreme Court of Connecticut · 1910
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