Masters v. Town of Warren
Supreme Court of Connecticut
Action brought on the statute concerning Highways and Bridges, (Bev. Stat., tit. 24, § 5,) for an injury sustained by reason of a defect in a bridge in the town of Warren, which it was the duty of the town to keep in repair.
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Action brought on the statute concerning Highways and Bridges, (Bev. Stat., tit. 24, § 5,) for an injury sustained by reason of a defect in a bridge in the town of Warren, which it was the duty of the town to keep in repair. The plaintiff was crossing the bridge on horseback, when his horse fell through a deféctive place in it, throwing him upon the planks of the bridge with great violence, and hurting his head and neck so severely as to cause his life to be for a time despaired of, and to permanently cripple and disfigure him. Upon the trial of the cause to the jury in the superior court,…
1Opinion of the CourtEllsworth, J.
There is but a single objection to the proceedings below worthy of consideration, and that is the rejection of Lucy M. Shove’s deposition. This has been the subject of much consideration with us, and although we have concluded, in the circumstances, to let the verdict stand, we do not mean to express an entire approval of the claim made by the plaintiffs counsel with regard to- it.
The question, at the time, addressed itself in some measure to the sound discretion of the judge, yet it was a discretion *299to be exercised according to the rules of law, and therefore his decision may be reviewed in…
2Cases cited1 opinion
- Seger v. Town of BarkhamstedSupreme Court of Connecticut · 1852
3Cited by14 opinions
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- Butner v. Western Union Telegraph CompanySupreme Court of Oklahoma · 1894
- Western Union Tel. Co. v. WoodCourt of Appeals for the Fifth Circuit · 1893
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