Elie v. C. Cowles & Co.
Supreme Court of Connecticut
Action to recover damages for personal injuries alleged to have been due to the defendant’s negligence, brought to the Superior Court in New Haven County where the plaintiff was nonsuited in a trial to the jury before Ralph Wheeler, J., and from the refusal of the trial judge to set aside such judgment the plaintiff appealed. The plaintiff was an employee of the defendant and operated an automatic drop-lifter.
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Action to recover damages for personal injuries alleged to have been due to the defendant’s negligence, brought to the Superior Court in New Haven County where the plaintiff was nonsuited in a trial to the jury before Ralph Wheeler, J., and from the refusal of the trial judge to set aside such judgment the plaintiff appealed. The plaintiff was an employee of the defendant and operated an automatic drop-lifter. This drop, raised by a crank, was held in place by a dog which fell into and caught the cogs of a wheel or ratchet, and which, when released, allowed the drop or hammer to fall and do…
1Opinion of the CourtCurtis, J.
The motion for a nonsuit presented two' questions for the consideration of the trial court. First, what facts alleged in the .complaint were material to the plaintiff’s case as he presented it in the complaint? Second, has the plaintiff made out a prima facie case, by producing substantial evidence in support of his cause as he has presented it?
If the complaint is demurrable because it does not contain an allegation that the plaintiff did not know the defective condition of the drop-press and the danger of its use, or an allegation of other facts sufficient to show that the plaintiff did not…
2Cases cited11 opinions
- Hayden v. Smithville Manufacturing Co.Supreme Court of Connecticut · 1861
- Cook v. MorrisSupreme Court of Connecticut · 1895
- Stephenson v. DuncanWisconsin Supreme Court · 1889
- Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. ParkerIndiana Supreme Court · 1900
- Adams v. WaySupreme Court of Connecticut · 1864
6 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Dean v. HershowitzSupreme Court of Connecticut · 1935
- Panama R. v. JohnsonCourt of Appeals for the Second Circuit · 1923
- Freedman v. HurwitzSupreme Court of Connecticut · 1933
- Worden v. Gore-Meenan Co.Supreme Court of Connecticut · 1910
- Edwards v. KirkSupreme Court of Iowa · 1939
13 more not listed; retrieve them via the Exa API.