Legal Opinion

Bates v. New York & New England Railroad

Supreme Court of Connecticut

Decided March 20, 1891PublishedCited by 6 opinions

ACTION for causing the death of the plaintiff’s intestate by negligence in the running of a railroad train of the defendant; brought to the Superior Court in Fairfield County, and heard in damages after a default by F. B. Sail, J. The court made the following finding of facts. The defendant is a railroad company, operating a railroad which passes through the town of Danbury.

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ACTION for causing the death of the plaintiff’s intestate by negligence in the running of a railroad train of the defendant; brought to the Superior Court in Fairfield County, and heard in damages after a default by F. B. Sail, J. The court made the following finding of facts. The defendant is a railroad company, operating a railroad which passes through the town of Danbury. On the 16th of February, 1889, about noon, Edward H. Bates, the plaintiff’s intestate, while passing with his horse and wagon over a grade-crossing of the railroad, a short distance west of the city of Danbury, was struck…

1Opinion of the CourtCarpenter, J.

This is an action for negligently causing the death of the plaintiff’s intestate. The defendant suffered a default and was beard in damages. The Superior Court found the facts, finding that the defendant was guilty of negligence, and that the deceased was not guilty of contributory negligence, and rendered judgment for the plaintiff for substantial damages. The defendant appealed. The claim is that the court erred in matters of law in respect to both findings.

1. As to the negligence of the defendant. The accident occurred on the defendant’s railroad, west of the city of Dan-bury, where a…

2Cases cited1 opinion

  1. Bailey v. Hartford & Connecticut Valley RailroadSupreme Court of Connecticut · 1888

3Cited by6 opinions

  1. Pratt, Read & Co. v. New York, New Haven & Hartford RailroadSupreme Court of Connecticut · 1925
  2. Bunnell v. Berlin Iron Bridge Co.Supreme Court of Connecticut · 1895
  3. Dundon v. New York, New Haven & Hartford RailroadSupreme Court of Connecticut · 1896
  4. Tessmer v. New York, New Haven & Hartford RailroadSupreme Court of Connecticut · 1899
  5. Elukowich v. New York, N. H. &. H. R.District Court, S.D. New York · 1923

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