Tomlinson v. Town of Derby
Supreme Court of Connecticut
Action on the statute concerning highways and bridges, for damages from an injury caused by a defect in a bridge of the defendant town; brought to the Superior Court in New Haven County, and heard in damages after demurrer overruled, by Sanford, J. Upon the hearing the plaintiff introduced evidence as to the place, cause, manner and extent of his injury, and among others, offered the testimony of one Martin, as to the character of the alleged defect in the bridge, who…
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Action on the statute concerning highways and bridges, for damages from an injury caused by a defect in a bridge of the defendant town; brought to the Superior Court in New Haven County, and heard in damages after demurrer overruled, by Sanford, J. Upon the hearing the plaintiff introduced evidence as to the place, cause, manner and extent of his injury, and among others, offered the testimony of one Martin, as to the character of the alleged defect in the bridge, who testified that he shunned it, so that he need not get a wheel in the hole. To this testimony the defendants objected, but the…
1Opinion of the CourtLoomis, J.
The defendant moves for a new trial on account of the ruling of the court in admitting or rejecting testimony in three instances; in two of which the decision *565was so obviously correct as to require only a brief reference, if any.
1. There was nothing erroneous in allowing sundry witnesses to state particular circumstances which directly called their attention to the hole in the bridge, constituting the alleged defect, as that the wheels of their vehicles actually ran into it, their horses shied at it, or seeing it they took pains to drive so as to avoid it. Some of the circumstances indicated…
2Cases cited5 opinions
- Taylor v. Town of MonroeSupreme Court of Connecticut · 1875
- Walker v. Erie Railway Co.New York Supreme Court · 1872
- Hedge v. ClappSupreme Court of Connecticut · 1852
- Bristol Manufacturing Co. v. GridleySupreme Court of Connecticut · 1859
- Nones v. NorthouseSupreme Court of Vermont · 1874
3Cited by47 opinions
- Mellor v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1891
- Hurst v. Detroit City RailwayMichigan Supreme Court · 1891
- Fitzgerald v. Merard Holding Co.Supreme Court of Connecticut · 1927
- Fairbanks v. StateSupreme Court of Connecticut · 1956
- Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. CaseIndiana Supreme Court · 1910
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