Sullivan v. New York, New Haven & Hartford Railroad
Supreme Court of Connecticut
Action to recover damages for personal injuries resulting in the death of the plaintiff’s intestate, brought to the Superior Court in New London County and heard in damages to the court, Thayer, J.; facts found and judgment rendered for the plaintiff for |1,500, and appeal by the defendant for alleged errors in the rulings and findings of the court.
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Action to recover damages for personal injuries resulting in the death of the plaintiff’s intestate, brought to the Superior Court in New London County and heard in damages to the court, Thayer, J.; facts found and judgment rendered for the plaintiff for |1,500, and appeal by the defendant for alleged errors in the rulings and findings of the court. It appeared from the finding that an east-bound freight train of the defendant arrived at Hampton station at about six o’clock in the evening of the 28th of October, 1898, three hours late, and that being in need of water the train was run upon a…
1Opinion of the CourtHall, J.
The substance of the reasons of appeal in this case is that the court erred in not holding upon the facts found, either that the defendant was not negligent as alleged in the complaint, or that the plaintiff’s intestate was guilty of contributory negligence.
Unless either the absence of such negligence upon the part of the defendant, or the presence of contributory negligence upon the part of the deceased, is a necessary legal inference from the facts of record, the defendant has failed to sustain the burden, assumed by the voluntary default, of either disproving the negligence alleged or of…
2Cases cited1 opinion
- Lawler, Admr. v. Hartford Street Ry. Co.Supreme Court of Connecticut · 1899
3Cited by11 opinions
- Zibbell v. Southern Pacific Co.California Supreme Court · 1911
- Pigeon v. LaneSupreme Court of Connecticut · 1907
- Engel v. Chicago, Burlington & Quincy RailroadNebraska Supreme Court · 1923
- Dishon v. Cincinnati, N. O. & T. P. Ry. Co.U.S. Circuit Court for the District of Kentucky · 1903
- Louisville & Nashville Railroad v. Asher's AdministratorCourt of Appeals of Kentucky · 1917
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