Coogan v. Aeolian Co.
Supreme Court of Connecticut
Actioh to recover damages for personal injuries resulting in the death of the plaintiff’s intestate and alleged to have been caused by the defendant’s negligence, brought to the Superior Court in New Haven County and .tried to the jury before Reed, J.; verdict and judgment for the plaintiff for 14,000; motion to set aside verdict and appeal by the defendant. No error. The jury might have found these facts: The defendant owned and operated a factory.
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Actioh to recover damages for personal injuries resulting in the death of the plaintiff’s intestate and alleged to have been caused by the defendant’s negligence, brought to the Superior Court in New Haven County and .tried to the jury before Reed, J.; verdict and judgment for the plaintiff for 14,000; motion to set aside verdict and appeal by the defendant. No error. The jury might have found these facts: The defendant owned and operated a factory. On the ground floor of one of its buildings it maintained a balance elevator used for freight, located in an elevator well open on the north and…
1Opinion of the CourtWheeler, J.
There are several grounds of negligence alleged. On only one of these can the verdict of the jury be supported, viz. that the defendant negligently and without warning to the intestate, Coogan, suddenly lowered the elevator at great speed, so that the intestate, passing through the elevator well in the exercise of due care and in the performance of his duty, had neither notice to get from under the descending elevator, nor opportunity to escape it.
The defendant habitually piled rolls of paper around the elevator, so that the intestate was compelled to pass through the elevator well in the…
2Cases cited16 opinions
- Northern Pacific Railroad v. PetersonSupreme Court of the United States · 1896
- Isbell v. New York & New Haven RailroadSupreme Court of Connecticut · 1858
- Beers v. Housatonuc Rail-roadSupreme Court of Connecticut · 1849
- Daley v. Norwich & Worcester RailroadSupreme Court of Connecticut · 1858
- Clarke v. Connecticut Co.Supreme Court of Connecticut · 1910
11 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Perille v. Raybestos-Manhattan-Europe, Inc.Supreme Court of Connecticut · 1985
- People Ex Rel. Attorney-General v. New York, Lake Erie & Western R. R.New York Court of Appeals · 1887
- Hawkins v. Garford Trucking Co., Inc.Supreme Court of Connecticut · 1921
- Smirnoff v. McNerneySupreme Court of Connecticut · 1930
- Andrews v. DoughertySupreme Court of Connecticut · 1921
5 more not listed; retrieve them via the Exa API.