Bulkley v. Norwich & Westerly Railway Co.
Supreme Court of Connecticut
Action to recover damages for personal injuries alleged to have been caused by the defendant’s negligence, brought to the Superior Court in Middlesex County where a demurrer to the complaint was overruled (Ralph Wheeler, J.) and the cause was afterward tried to the jury before Gager, J.; verdict and judgment for the plaintiffs for $750 damages, from which the defendant appealed for alleged error in overruling its demurrer.
Read the full summary
Action to recover damages for personal injuries alleged to have been caused by the defendant’s negligence, brought to the Superior Court in Middlesex County where a demurrer to the complaint was overruled (Ralph Wheeler, J.) and the cause was afterward tried to the jury before Gager, J.; verdict and judgment for the plaintiffs for $750 damages, from which the defendant appealed for alleged error in overruling its demurrer. The complaint, dated November 21st, 1907, alleges in substance that the plaintiff wife, on August 1st, 1907, while a passenger in the exercise of due care, on a car of the…
1Opinion of the CourtPrentice, J.
This demurrer involves two false assumptions, to wit: first, that the plaintiffs’ allegations of time precluded them from proving that Mrs. Bulkley received her alleged injuries on some day later than that alleged; and second, that the statements of the officer in his return of service were to be accepted as facts coming within the purview of the demurrer to the complaint.
The plaintiffs’ averment of the time when the events which furnished the basis of their cause of action occurred, was an immaterial one, and upon a trial proof that they occurred upon some subsequent day, which would render…
2Cases cited5 opinions
- Radezky v. Sargent & Co.Supreme Court of Connecticut · 1904
- Crocker v. City of HartfordSupreme Court of Connecticut · 1895
- Sage v. HawleySupreme Court of Connecticut · 1844
- Forbes v. Town of SuffieldSupreme Court of Connecticut · 1908
- Fitzgerald v. Scovil Manufacturing Co.Supreme Court of Connecticut · 1905
3Cited by29 opinions
- Sharkey v. SkiltonSupreme Court of Connecticut · 1910
- Karp v. Urban Redevelopment CommissionSupreme Court of Connecticut · 1972
- Touhey v. City of DecaturIndiana Supreme Court · 1911
- Nicholaus v. City of BridgeportSupreme Court of Connecticut · 1933
- Doe v. MarselleConnecticut Appellate Court · 1995
24 more not listed; retrieve them via the Exa API.