Batchelder v. Bartholomew
Supreme Court of Connecticut
Case for an injury to the property of the plaintiff by the negligence of the defendants, who were trustees,' of the Hartford, Providence & Fishkill Railroad, and as such were operating the road; brought to the Superior Court in'New London County. The defendants suffered a default and the. case was heard in damages.
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Case for an injury to the property of the plaintiff by the negligence of the defendants, who were trustees,' of the Hartford, Providence & Fishkill Railroad, and as such were operating the road; brought to the Superior Court in'New London County. The defendants suffered a default and the. case was heard in damages. Upon the hearing the court found the following facts; The defendants, while running a train of cars over their railroad, communicated fire to the wood-land of the plaintiff by means of sparks from their locomotive engine, and about seventy acres of land, covered to a great extent…
1DissentPark, C. J.
If, when this hearing in damages was had, there had been a statute which provided that in cases of damage to property like the present one, the cause of action Should be submitted to one jury to determine, and if they •should find the issue for the plaintiff, then the damages should be assessed by another jui-y; and, under such a statute, the .cause of action in.this case had been submitted to the first *505jury, and had been determined in favor of the plaintiff, and the hearing in damages was being had before the second jury, would the defendants be permitted to say to the' jury, as they said to…
2Cases cited4 opinions
- Lamphear v. BuckinghamSupreme Court of Connecticut · 1866
- Havens v. Hartford & New Haven RailroadSupreme Court of Connecticut · 1859
- Daily v. New York & New Haven RailroadSupreme Court of Connecticut · 1865
- Carey v. DaySupreme Court of Connecticut · 1869