Legal Opinion

Cristilly v. Warner

Supreme Court of Connecticut

Decided October 30, 1913PublishedCited by 37 opinions

Action based upon a statute of Massachusetts to recover damages for personal injuries received in that State and resulting in the death of the plaintiff’s intestate, a resident of Massachusetts, and alleged to have been caused by the negligent operation by the defendant of his automobile, brought to the Superior Court in New Haven County where a demurrer to the complaint was sustained (Reed, J.) and thereafter judgment rendered (Burpee, J.) for the defendant, from which the…

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Action based upon a statute of Massachusetts to recover damages for personal injuries received in that State and resulting in the death of the plaintiff’s intestate, a resident of Massachusetts, and alleged to have been caused by the negligent operation by the defendant of his automobile, brought to the Superior Court in New Haven County where a demurrer to the complaint was sustained (Reed, J.) and thereafter judgment rendered (Burpee, J.) for the defendant, from which the plaintiff appealed. No error.

1Opinion of the CourtWheeler, J.

The complaint states that the defendant was operating his automobile in a negligent manner upon a street in a thickly settled part of Springfield, Massachusetts, at an unreasonable speed, and contrary to the ordinances of said city and the laws of the Commonwealth; that without warning, although notified of the danger to the plaintiff’s intestate, a five-year old child, and without reducing the speed of his automobile or attempting to avoid a collision with the child, because of his reckless and negligent operation, he ran his automobile upon the child, who, in the exercise of due care, was…

2Cases cited14 opinions

  1. Texas & Pacific Railway Co. v. CoxSupreme Court of the United States · 1892
  2. Higgins v. Central New England & Western RailroadMassachusetts Supreme Judicial Court · 1892
  3. Brooks v. Fitchburg & Leominster Street Railway Co.Massachusetts Supreme Judicial Court · 1908
  4. Hudson v. Lynn & Boston RailroadMassachusetts Supreme Judicial Court · 1904
  5. Brown v. ThayerMassachusetts Supreme Judicial Court · 1912

9 more not listed; retrieve them via the Exa API.

3Cited by37 opinions

  1. Loucks v. . Standard Oil Co.New York Court of Appeals · 1918
  2. Wells v. Simonds Abrasive Co.Supreme Court of the United States · 1953
  3. Boott Mills v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1914
  4. Bishop v. KellySupreme Court of Connecticut · 1988
  5. Adamsen v. AdamsenSupreme Court of Connecticut · 1963

32 more not listed; retrieve them via the Exa API.

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