Legal Opinion

Smith v. Whittlesey

Supreme Court of Connecticut

Decided July 30, 1906PublishedCited by 25 opinions

Action to recover damages for personal injuries received in a collision on the highway, alleged to have been caused by the defendant’s negligence in driving his automobile, brought to the Court of Common Pleas in Hartford County and tried to the jury before Ooats, J.; verdict for the plaintiff for $175, which the trial court trebled on motion of the plaintiff, and appeal by the defendant.

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Action to recover damages for personal injuries received in a collision on the highway, alleged to have been caused by the defendant’s negligence in driving his automobile, brought to the Court of Common Pleas in Hartford County and tried to the jury before Ooats, J.; verdict for the plaintiff for $175, which the trial court trebled on motion of the plaintiff, and appeal by the defendant. The complaint alleges the injury as follows: The defendant “carelessly and negligently drove against the vehicle of the plaintiff, and hurled the plaintiff against the wheel of said vehicle.” The third…

1Opinion of the CourtHamersley, J.

In Parmalee v. Baldwin, 1 Conn. 313, 317, Chief Justice Swift, speaking for the court, said: “ In actions for torts, where the law necessarily implies that the plaintiff has sustained damage by the act complained of, it is not necessary to make an allegation of special damages in the declaration ; but where the law does not necessarily imply such damage, it is essential to the validity of the declaration that the resulting damages should be stated with particularity.” We have uniformly enforced this technical rule of pleading as well since as before the adoption of the Practice Act. When the…

2Cases cited10 opinions

  1. Tomlinson v. Town of DerbySupreme Court of Connecticut · 1876
  2. Eldridge v. GormanSupreme Court of Connecticut · 1905
  3. Braunsdorf v. FellnerWisconsin Supreme Court · 1890
  4. Bristol Manufacturing Co. v. GridleySupreme Court of Connecticut · 1859
  5. Pratt v. Boston Heel & Leather Co.Massachusetts Supreme Judicial Court · 1883

5 more not listed; retrieve them via the Exa API.

3Cited by25 opinions

  1. Fitzgerald v. Merard Holding Co.Supreme Court of Connecticut · 1927
  2. Murray Ex Rel. Murray v. Pearson Appliance StoreNebraska Supreme Court · 1952
  3. Perkins v. BrownTennessee Supreme Court · 1915
  4. Lone Star Gas Co. v. ParsonsSupreme Court of Oklahoma · 1932
  5. Murray v. KrenzSupreme Court of Connecticut · 1920

20 more not listed; retrieve them via the Exa API.

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