Wilmot v. McPadden
Supreme Court of Connecticut
Action to recover damages for personal injuries resulting in the death of the plaintiff’s intestate and alleged to have been caused by the defendants’ negligence, brought to the Superior Court in Fairfield County where a demurrer to the second defense was sustained (Thayer, J.j, one to the amended answer overruled (Reed, J.j, and the cause was tried to the jury before Reed, J.; verdict and judgment for the defendants, and appeal by the plaintiff.
Read the full summary
Action to recover damages for personal injuries resulting in the death of the plaintiff’s intestate and alleged to have been caused by the defendants’ negligence, brought to the Superior Court in Fairfield County where a demurrer to the second defense was sustained (Thayer, J.j, one to the amended answer overruled (Reed, J.j, and the cause was tried to the jury before Reed, J.; verdict and judgment for the defendants, and appeal by the plaintiff. The complaint alleges that the three defendants were owners of a piece of land on which stood an old wooden dwelling-house in a ruined and…
1Opinion of the CourtHamersley, J.
The trial court did not err in overruling pro forma the plaintiff’s demurrer to the amended answer of Heery and Whalen ; the court might properly regard the reasons specified in the demurrer as inadequate to demand a change in the answer at that time.
The court was wrong in striking out the allegations in McPadden’s answer specified in the plaintiff’s motion. In his original answer McPadden had included a “ second defense.” Upon demurrer to this defense the judge then holding the court, treating the allegations as constituting an independent defense in the nature of a plea in bar, properly…
2Cases cited5 opinions
- Birge v. GardinerSupreme Court of Connecticut · 1849
- Lawrence v. ShipmanSupreme Court of Connecticut · 1873
- Park v. O'BrienSupreme Court of Connecticut · 1854
- Murphy v. Derby Street Railway Co.Supreme Court of Connecticut · 1900
- Whitney v. CadySupreme Court of Connecticut · 1898
3Cited by31 opinions
- Lindley v. SinkIndiana Supreme Court · 1940
- Chase v. FitzgeraldSupreme Court of Connecticut · 1946
- Love v. Detroit, Jackson & Chicago RailroadMichigan Supreme Court · 1912
- Alexander v. R. A. Sherman's Sons Co.Supreme Court of Connecticut · 1912
- Kokesh v. PriceSupreme Court of Minnesota · 1917
26 more not listed; retrieve them via the Exa API.