Wilmot v. McPadden
Supreme Court of Connecticut
Action to recover damages for negligently causing the death, of the plaintiff’s intestate, brought to the Superior Court in Fairfield County and tried to the jury before MorabacJc, J.; verdict and judgment for the plaintiff for $750, and appeal by the defendants. The judgment appealed from was rendered upon a retrial of the cause.
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Action to recover damages for negligently causing the death, of the plaintiff’s intestate, brought to the Superior Court in Fairfield County and tried to the jury before MorabacJc, J.; verdict and judgment for the plaintiff for $750, and appeal by the defendants. The judgment appealed from was rendered upon a retrial of the cause. See 78 Conn. 276. The defendants Patrick Heery and Martin Whalen made a joint defense, and in their answer denied material allegations in the complaint; moreover they alleged that the plaintiff’s intestate was a trespasser on their premises, and that if said…
1Opinion of the CourtHamersley, J.
This case was before us at the October term, 1905, when the judgment rendered upon a former trial was set aside. See 78 Conn. 276, 61 Atl. 1069. This appeal is taken from the judgment rendered upon a retrial of the cause.
The trial court erred in sustaining the plaintiff’s demurrer to the second defense of the substituted answer of the defendant MePadden. Upon the sale of a house standing upon the vendor’s land, to a suitable person for the purpose and upon the conditions stated in the second defense, neither .the vendee nor his agents, while engaged in moving the property sold, are the…
2Cases cited18 opinions
- Walsh v. Fitchburg RailroadNew York Court of Appeals · 1895
- Norwalk Gaslight Co. v. Borough of NorwalkSupreme Court of Connecticut · 1893
- Birge v. GardinerSupreme Court of Connecticut · 1849
- Barrett v. Southern Pacific Co.California Supreme Court · 1891
- Daniels v. New York & New England RailroadMassachusetts Supreme Judicial Court · 1891
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3Cited by32 opinions
- City of Shawnee v. CheekSupreme Court of Oklahoma · 1913
- Louisville & Nashville Railroad v. RayTennessee Supreme Court · 1910
- Neal v. Shiels, Inc.Supreme Court of Connecticut · 1974
- Wolfe v. RehbeinSupreme Court of Connecticut · 1937
- Fitzgerald v. HaleSupreme Court of Iowa · 1956
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