Sherwood v. Town of Weston
Supreme Court of Connecticut
This was an action founded on the statute relating to highways and bridges, to recover damages for an injur)'’ which the plaintiff received, by being thrown from his horse, while passing, in the town of Weston, over a defective bridge.
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This was an action founded on the statute relating to highways and bridges, to recover damages for an injur)'’ which the plaintiff received, by being thrown from his horse, while passing, in the town of Weston, over a defective bridge. The cause was tried, on the general issue, at Fairfield, February term, 1846, before Hinman, J. The bridge mentioned in the declaration was within the limits of the town of Weston, and was part of an old public road, leading from the town of Fairfield, through the towns of Weston and Reading, (a) to Danbury. In the year 1797» the General Assembly incorporated…
1Opinion of the CourtHinman, J.
The jury having found, in this case, that the injury complained of was received in consequence of the bridge being out of repair, as claimed by the plaintiff, the question now is, whether it appears from the facts found by the jury and shown in the motion, that the town is liable for it.
It is insisted by the defendants, that the town of Weston is not liable, first, because this is not a bridge, or any part of a road or highway, which that town is by law bound to maintain ; and, secondly, because the Fairfield, County Turnpike Company are bound to maintain it.
■ First, then, is the town liable…
2Cases cited2 opinions
- Wales v. StetsonMassachusetts Supreme Judicial Court · 1806
- Commonwealth v. Inhabitants of RoxburyMassachusetts Supreme Judicial Court · 1812
3Cited by4 opinions
- Ely v. ParsonsSupreme Court of Connecticut · 1886
- Riley v. HammelSupreme Court of Connecticut · 1871
- New York, New Haven & Hartford Railroad v. Fair Haven & Westville RailroadSupreme Court of Connecticut · 1898
- Reed v. Town of CornwallSupreme Court of Connecticut · 1858