Churchill v. Rosebeck
Supreme Court of Connecticut
Tins was an action of trespass vi ct arm is, alleging, that the defendant, on the 25th of August 1841, drove a certain carriage, called a barouche, on the public highway in Wethers-field, with great force and violence, against another barouche, the property of the plaintiff, in which he was then riding in and along said public highway, and thereby broke to pieces said barouche of the plaintiff; by means of which the plaintiff wa-; i!:r< \vn upon the ground, and was much…
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Tins was an action of trespass vi ct arm is, alleging, that the defendant, on the 25th of August 1841, drove a certain carriage, called a barouche, on the public highway in Wethers-field, with great force and violence, against another barouche, the property of the plaintiff, in which he was then riding in and along said public highway, and thereby broke to pieces said barouche of the plaintiff; by means of which the plaintiff wa-; i!:r< \vn upon the ground, and was much bruised and wounded, suffered great pain, &c. The cause was tried at Hartford, September term, 1842, before Storrs, J. On…
1Opinion of the CourtStorrs, J.
We do not perceive, that the question discussed by the counsel for the defendant, and on which they claim a new trial for the misdirection of the court below, arises in this case, as it is presented to us on the motion. That question respects the liability of the defendant for gross negligence on his part, in case the negligence of the plaintiff concurred in producing the injury complained of. The defendant, however, did not claim on the trial, nor are there any facts claimed to be proved by him to shew, that the plaintiff was guilty of any negligence, at the time when the collision took…
2Cited by3 opinions
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- Beauton v. Connecticut Light & Power Co.Supreme Court of Connecticut · 1938
- Chatfield v. WilsonSupreme Court of Vermont · 1858