Valin v. Jewell
Supreme Court of Connecticut
Action to recover damages for personal injuries alleged to have been caused by the defendants’ negligence, brought to the Superior Court in Hartford County where successive demurrers to the original and to the substitute complaint were sustained, Case and Holcomb, Js., and afterward, for want of further pleading, judgment was rendered (Greene, J.) for the defendants, from which the plaintiff appealed.
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Action to recover damages for personal injuries alleged to have been caused by the defendants’ negligence, brought to the Superior Court in Hartford County where successive demurrers to the original and to the substitute complaint were sustained, Case and Holcomb, Js., and afterward, for want of further pleading, judgment was rendered (Greene, J.) for the defendants, from which the plaintiff appealed. The substitute complaint, upon which the questions presented for review arise, alleges that on February 3d, 1912, the defendants were owners of a tenement or dwelling-house in Hartford known as…
1Opinion of the CourtPrentice, C. J.
This is an action of tort. If a cause of action is stated, the complaint must show a primary right in the plaintiff invaded by the defendants’ wrong. Conduct on the part of the defendants which amounts to a breach of some duty owed by them to the plaintiff must appear in the averments.
The facts relied upon as constituting a breach of duty are, in substance, that the roof on a porch over the entrance to a tenement building owned by the defendants, and of which the plaintiff was one of the occupants as a tenant, was so constructed that water and melted snow gathered upon it, and that no…
2Cases cited12 opinions
- Bartram v. Town of SharonSupreme Court of Connecticut · 1899
- Woods v. Naumkeag Steam Cotton Co.Massachusetts Supreme Judicial Court · 1883
- Doyle v. Union Pacific Railway Co.Supreme Court of the United States · 1893
- City of Hartford v. TalcottSupreme Court of Connecticut · 1881
- Marston v. PhippsMassachusetts Supreme Judicial Court · 1911
7 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Higgins v. Connecticut Light & Power Co.Supreme Court of Connecticut · 1943
- Masterson v. AthertonSupreme Court of Connecticut · 1962
- L'Heureux v. HurleySupreme Court of Connecticut · 1933
- Thomas v. RoperSupreme Court of Connecticut · 1972
- Freedman v. HurwitzSupreme Court of Connecticut · 1933
20 more not listed; retrieve them via the Exa API.