Ockershausen v. New York, New Haven & Hartford Railroad
Supreme Court of Connecticut
Action to recover for land taken and for injuries to the plaintiffs’ premises caused by tbe removal of a grade crossing brought to the Superior Court in Fairfield County and heard in damages to the court, Gceorge W. Wheeler, J.; facts found and judgment rendered for the plaintiffs for $5,000, and appeal by the defendant for alleged errors in the rulings of the court.
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Action to recover for land taken and for injuries to the plaintiffs’ premises caused by tbe removal of a grade crossing brought to the Superior Court in Fairfield County and heard in damages to the court, Gceorge W. Wheeler, J.; facts found and judgment rendered for the plaintiffs for $5,000, and appeal by the defendant for alleged errors in the rulings of the court. It appears from the finding that upon the trial the defendant offered in evidence its application for an appraisal of damages to some land of the plaintiffs (therein particularly described), by the taking of said land under…
1Opinion of the CourtHameksley, J.
Under our peculiar practice damages are assessed, after default or demurrer overruled, by the court; and in actions to recover unliquidated damages the defendant may offer evidence to prove that the plaintiff had no cause of action, or any special matter in defense, and if the evidence satisfies the court that no cause of action exists, nominal damages only can be assessed. The defendant may thus, by assuming liability for nominal damages and a bill of costs, try his case to the court on the merits, unhampered by any pleadings. The opportunity so given for unfair surprise upon the trial is a…
2Cited by4 opinions
- Travelers Indemnity Co. v. RubinSupreme Court of Connecticut · 1988
- Radezky v. Sargent & Co.Supreme Court of Connecticut · 1904
- Ratner v. WillametzConnecticut Appellate Court · 1987
- Kloter v. Carabetta Enterprises, Inc.Supreme Court of Connecticut · 1982