Williams v. Town of Clinton
Supreme Court of Connecticut
Action on the case, for injuries sustained by Betsey Williams, one of the plaintiffs, by reason of the neglect of the defendant to erect a railing along an embankment on a public highway.
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Action on the case, for injuries sustained by Betsey Williams, one of the plaintiffs, by reason of the neglect of the defendant to erect a railing along an embankment on a public highway. Upon the trial to the jury the plaintiffs claimed, and offered evidence to prove, that Mrs. Williams was passing on foot along a highway in the town of Clinton, in the evening, from the railroad station at which she had just arrived, to the house of her sister who lived about three quarters of a mile from the station, and that, in passing along a part of the foot path which had been raised, nearly…
1Opinion of the CourtEllswokth, J.
We think the court committed no error in refusing to charge the jury that, upon certain hypothetical facts, Mrs. Williams was so chargeable with negligence as that there could be no recovery by her and her husband. Under the pleadings, the issue presented nothing but a. question of fact—• was there or not culpable negligence on her part ?
We cannot permit such a question to be taken from the jury, the legal and constitutional tribunal, by the defendants specially reciting the evidence adduced on the trial and claiming that the court shall instruct them as to its legal effect. Such a course…
2Cited by8 opinions
- Farrell v. Waterbury Horse R. R. Co.Supreme Court of Connecticut · 1891
- Bunch v. Town of EdentonSupreme Court of North Carolina · 1884
- Woodman v. NottinghamSupreme Court of New Hampshire · 1870
- Coogan v. Aeolian Co.Supreme Court of Connecticut · 1913
- Bill v. SmithSupreme Court of Connecticut · 1872
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