Neal v. Gillett
Supreme Court of Connecticut
This was an action of trespass, tried before the jury, at the term of the superior court for Hartford county, holden in January, 1855. On the trial upon the general issue, the plaintiff claimed to have proved, that on the first Monday of October, 1850, he was riding over a public highway, leading through a common, in the town of Suffield; that the, defendants were there engaged in the game of ball, at the distance of one or two rods from said highway; that, by the acts of…
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This was an action of trespass, tried before the jury, at the term of the superior court for Hartford county, holden in January, 1855. On the trial upon the general issue, the plaintiff claimed to have proved, that on the first Monday of October, 1850, he was riding over a public highway, leading through a common, in the town of Suffield; that the, defendants were there engaged in the game of ball, at the distance of one or two rods from said highway; that, by the acts of the defendants in playing said game, or by some other thing connected with said game, his horse became frightened, ran…
1Opinion of the CourtSanford, J.
This is a motion for a new trial. In the first count of his declaration, the plaintiff alleges that the defendants threw a ball, with great force, near to the head of the plaintiff’s horse, and thereby frightened the horse, so that he ran, and caused the injury complained of.
In the second count, the plaintiff avers that the defendants were playing ball, in the highway on which he was driving, and that they so carelessly and negligently so near to the head of the plaintiff’s horse frightened thereby, and ran, &e.
The defendants pleaded the general is^i the plaintiff claimed that the defendafi…
2Cited by23 opinions
- Altman v. AronsonMassachusetts Supreme Judicial Court · 1919
- Dellwo v. PearsonSupreme Court of Minnesota · 1961
- Williams v. . HaysNew York Court of Appeals · 1894
- Louisville & Nashville Railroad v. YniestraSupreme Court of Florida · 1886
- Charbonneau v. MacRurySupreme Court of New Hampshire · 1931
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