Welch v. Durand
Supreme Court of Connecticut
Trespass for an assault and wounding with a pistol ball; brought to the Superior Court in New Haveii county and heard in damages, on a default, before Minor, J. On the hearing the court found that the plaintiff was injured by a bullet from a pistol fired by the defendant, as alleged in tlie declaration; that the injury was unintentional, but was the result of gross and culpable carelessness and negligence on the part of the defendant; and that the range of the pistol from…
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Trespass for an assault and wounding with a pistol ball; brought to the Superior Court in New Haveii county and heard in damages, on a default, before Minor, J. On the hearing the court found that the plaintiff was injured by a bullet from a pistol fired by the defendant, as alleged in tlie declaration; that the injury was unintentional, but was the result of gross and culpable carelessness and negligence on the part of the defendant; and that the range of the pistol from which the bullet was fired was not in the direction of the plaintiff, and that the bullet after leaving the pistol struck…
1Opinion of the CourtButler, J.
The first error assigned in this case, is that the court was not justified in assessing against the defendant, in addition to the actual damage, a sum to cover the expenses of litigation. It is not denied that we have a rule in this state authorizing such assessment in a class of cases, but the claim is that -this case is not within the class, for that to justify such damages wantonness or malice must be shown. It is not claimed that the act was intentional or malicious, and it is denied that it was wanton. Although used in our reports in reference to that class of cases, “ wantonness” is not…
2Cases cited2 opinions
- Morris v. PlattSupreme Court of Connecticut · 1864
- St. Peter's Church v. BeachSupreme Court of Connecticut · 1857
3Cited by41 opinions
- Smith v. WadeSupreme Court of the United States · 1983
- H.N. Dang v. Gilbert CrossCourt of Appeals for the Ninth Circuit · 2005
- Alaimo v. RoyerSupreme Court of Connecticut · 1982
- Triangle Sheet Metal Works, Inc. v. SilverSupreme Court of Connecticut · 1966
- Everett v. Receivers of Richmond & Danville RailroadSupreme Court of North Carolina · 1897
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