Rappa v. Connecticut Co.
Supreme Court of Connecticut
Action to recover damages for personal injuries alleged to have been caused by the negligence of the defendant, brought to the Superior Court in New Haven County and tried to the jury before Burpee, J.; verdict and judgment for the defendant, and appeal by the plaintiff. The plaintiff, then a child less than four years old, was crossing Winthrop Avenue in New Haven when he was struck and injured by the defendant’s trolley-car.
Read the full summary
Action to recover damages for personal injuries alleged to have been caused by the negligence of the defendant, brought to the Superior Court in New Haven County and tried to the jury before Burpee, J.; verdict and judgment for the defendant, and appeal by the plaintiff. The plaintiff, then a child less than four years old, was crossing Winthrop Avenue in New Haven when he was struck and injured by the defendant’s trolley-car. Plaintiff claimed to have proved that the injury was caused by the failure of the motorman to stop the car or bring it under control after he had notice that the…
1Opinion of the CourtBeach, J.
We have very recently restated our rule as to the degree of care required of immature children, in the case of Lederer v. Connecticut Co., 95 Conn. 520, 111 Atl. 785. In that case the trial court charged the jury that the plaintiff’s intestate, “if only five years and eight months old was bound to use such care as reasonably prudent boys of his age under similar circumstances would have used.” Of this instruction we said: “This instruction differs from our rule of reasonable care for the immature child. We merely require him to use such judgment and experience as children of similar age,…
2Cases cited7 opinions
- Birge v. GardinerSupreme Court of Connecticut · 1849
- Brennan v. Fair Haven & Westville RailroadSupreme Court of Connecticut · 1877
- Rohloff v. Fair Haven & Westville RailroadSupreme Court of Connecticut · 1904
- Lederer v. Connecticut Co.Supreme Court of Connecticut · 1920
- Dimaio v. Yolen Bottling WorksSupreme Court of Connecticut · 1919
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Bushnell v. BushnellSupreme Court of Connecticut · 1925
- Menzie v. KalmonowitzSupreme Court of Connecticut · 1928
- Overlock v. RuedemannSupreme Court of Connecticut · 1960
- Lange v. HoytSupreme Court of Connecticut · 1932
- Mahon v. HeimSupreme Court of Connecticut · 1973
1 more not listed; retrieve them via the Exa API.