Finken v. Elm City Brass Co.
Supreme Court of Connecticut
Action to recover damages for personal injury claimed to have been caused by the defendant’s negligence, brought to the Superior Court in New Haven County, where a demurrer to the complaint was overruled (Shumway, J".) and the case was afterwards heard in damages to the court, George W. Wheeler, J.; facts found and judgment rendered for the plaintiff for §700 damages, and appeal by the defendant for alleged errors in the rulings and findings of the court.
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Action to recover damages for personal injury claimed to have been caused by the defendant’s negligence, brought to the Superior Court in New Haven County, where a demurrer to the complaint was overruled (Shumway, J".) and the case was afterwards heard in damages to the court, George W. Wheeler, J.; facts found and judgment rendered for the plaintiff for §700 damages, and appeal by the defendant for alleged errors in the rulings and findings of the court. The facts and rulings are sufficiently stated in the opinion.
1Opinion of the CourtBaldwin, J.
The complaint in this action was unnecessarily and improperly divided into two counts. Each alleged an injury due to the defendant’s negligence, and also that the defendant at first promised to continue to employ the plaintiff, but afterwards discharged him solely because of his inability, in consequence of the injury, to do the work. A demurrer was filed on the ground that two causes of action were set up in each count, one in contract and one in tort. This was properly overruled. The complaint stated a single transaction and its injurious consequences. How injurious to the plaintiff these…
2Cases cited4 opinions
- Hayden v. Smithville Manufacturing Co.Supreme Court of Connecticut · 1861
- Hoyt v. City of DanburySupreme Court of Connecticut · 1897
- McElligott v. RandolphSupreme Court of Connecticut · 1891
- Peltier v. Bradley, Dann & Carrington Co.Supreme Court of Connecticut · 1895
3Cited by12 opinions
- Shulman v. ShulmanSupreme Court of Connecticut · 1963
- Barber v. International Co. of MexicoSupreme Court of Connecticut · 1901
- Johnson v. Connecticut Co.Supreme Court of Connecticut · 1912
- Comstock v. Connecticut Railway & Lighting Co.Supreme Court of Connecticut · 1904
- Stynes v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1910
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