Legal Opinion

Donovan v. Hartford Street Railway Co.

Supreme Court of Connecticut

Decided December 1, 1894PublishedCited by 21 opinions

Action to recover damages for personal injuries received by reason of the alleged negligence of the defendant; brought to the City Court of Hartford and tried to the court, Taintor, J.; facts found and judgment rendered for the defendant, and appeal by the plaintiff for alleged errors in the rulings of the court.

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Action to recover damages for personal injuries received by reason of the alleged negligence of the defendant; brought to the City Court of Hartford and tried to the court, Taintor, J.; facts found and judgment rendered for the defendant, and appeal by the plaintiff for alleged errors in the rulings of the court. The plaintiff’s complaint was as follows :— “ 1. On the 25th day of October, 1890, and for a long time previous thereto, the defendant was and had been owning and operating a horse railroad in the city of Hartford and town of Wethersfield in said county, with a line of said road…

1Opinion of the CourtFenn, J.

The plaintiff’s, first reason of appeal is that the “ court erred in striking out of the original complaint on the motion of the defendant the allegation that the defendant was on October 25, 1890, a ‘ common carrier of passengers by horse railroad,’ because it appears by other allegations in the complaint, that at the time and place of the accident, the relation of carrier and passenger existed between the parties, and that the plaintiff was injured while attempting to carry out, on her part, an implied contract between her and said car driver, that she should take passage on said car, at…

2Cases cited6 opinions

  1. Farrell v. Waterbury Horse R. R. Co.Supreme Court of Connecticut · 1891
  2. Creamer v. West End Street Railway Co.Massachusetts Supreme Judicial Court · 1892
  3. Button v. FrinkSupreme Court of Connecticut · 1883
  4. Shepard v. New Haven & Northampton Co.Supreme Court of Connecticut · 1877
  5. Lennon v. RawitzerSupreme Court of Connecticut · 1889

1 more not listed; retrieve them via the Exa API.

3Cited by21 opinions

  1. Cincinnati, N. O. & T. P. Ry. Co. v. South Pork Coal Co.Court of Appeals for the Sixth Circuit · 1905
  2. Exton v. Central RailroadSupreme Court of New Jersey · 1898
  3. Bland v. BregmanSupreme Court of Connecticut · 1937
  4. Yancey v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1910
  5. Nemoitin v. BergerSupreme Court of Connecticut · 1930

16 more not listed; retrieve them via the Exa API.

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