Lamphear v. Buckingham
Supreme Court of Connecticut
Action on the 544th section of the statute with regard to corporations, (Revision of 1866, page 202,) which provides that in case the life of any passenger on a railroad who is in the exercise of reasonable care shall be lost by the negligence of the railroad company, the company shall be liable to pay damages not exceeding five thousand dollars and not less than one thousand dollars, to be recovered by the executor or administrator in an action on the statute, for the…
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Action on the 544th section of the statute with regard to corporations, (Revision of 1866, page 202,) which provides that in case the life of any passenger on a railroad who is in the exercise of reasonable care shall be lost by the negligence of the railroad company, the company shall be liable to pay damages not exceeding five thousand dollars and not less than one thousand dollars, to be recovered by the executor or administrator in an action on the statute, for the benefit of the husband or widow and heirs of the deceased. The declaration alleged that Madison Lamphear, the intestate, on…
1Opinion of the CourtButler, J.
The only question reserved for our advice by the superior court on this record is, “ whether under the statute on which this action is brought the court has power to find and assess the damages in the case at a less sum than one thousand dollars.” As the statute is express both as to the minimum and maximum of damages, it would seem too clear for argument that, u under the statute,” to use the language of the court, the minimum sum fixed by it at least must be recovered.
But the counsel for the defendants, in an ingenious and elaborate argument, seek to avoid a recovery for more than nominal…
2Cited by26 opinions
- Jacksonville Electric Co. v. BowdenSupreme Court of Florida · 1907
- Fish v. LileySupreme Court of Colorado · 1949
- Gardner v. City of New LondonSupreme Court of Connecticut · 1893
- Kain v. . SmithNew York Court of Appeals · 1880
- Porpora v. City of New HavenSupreme Court of Connecticut · 1936
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