Legal Opinion

Hayden v. Smithville Manufacturing Co.

Supreme Court of Connecticut

Decided March 15, 1861PublishedCited by 114 opinions

Action on the case, brought by the plaintiff, a minor, by his next friend, for an injury caused by the negligence of the defendants, in whose factory the plaintiff was an operative, in leaving certain dangerous machinery uncovered. The case was tried to the jury on the general issue.

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Action on the case, brought by the plaintiff, a minor, by his next friend, for an injury caused by the negligence of the defendants, in whose factory the plaintiff was an operative, in leaving certain dangerous machinery uncovered. The case was tried to the jury on the general issue. On the trial it was admitted that the defendants were the owners and occupiers of the manufacturing establishment described in the declaration, with the machinery therein, and that the plaintiff, on the 6th day of April, 1859, was, and for three weeks previous had been, one of the operatives in the mill, under a…

1Opinion of the CourtEllsworth, J.

We are not able to see why'the principles of law claimed by the defendants in the second and third heads of their request to the court for its charge to the jury are not correct, and why as such they should not have been allowed by the court.

The judge, after stating to the jury what these requests contained, proceeded to say, that although the English law and that of some of the states might be as claimed by the defendants’ counsel, it was otherwise in the state of Connecticut. In this we think the judge has fallen into an error, as we know of no such distinction between the English and our…

2Cases cited2 opinions

  1. Barbaroux v. BarkerCourt of Appeals of Kentucky · 1862
  2. Coon v. Syracuse & Utica Rail-RoadNew York Supreme Court · 1849

3Cited by114 opinions

  1. Tuttle v. Detroit, Grand Haven & Milwaukee RailwaySupreme Court of the United States · 1887
  2. Gibson v. . Erie Railway Co.New York Court of Appeals · 1875
  3. Perille v. Raybestos-Manhattan-Europe, Inc.Supreme Court of Connecticut · 1985
  4. Sweeney v. . Berlin and Jones Envelope Co.New York Court of Appeals · 1886
  5. Laning v. . N.Y.C.R.R. Co.New York Court of Appeals · 1872

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