Jones v. City of New Haven
Supreme Court of Connecticut
Trespass on the case for an injury to the plaintiff by the falling upon her of a dead limb from a tree in a public square in the city of New Haven; brought to the superior court in New Haven county.
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Trespass on the case for an injury to the plaintiff by the falling upon her of a dead limb from a tree in a public square in the city of New Haven; brought to the superior court in New Haven county. The first count of the declaration was as follows:— That the defendants are a body corporate duly incorporated by the laws of this state; that in and by the charter ineo'rporating them it is provided that the defendants may, through their common council, make such by-laws as they may see fit to make, in relation to the cutting, breaking or injury of trees and the protection and preservation of…
1Opinion of the CourtCarpenter, J.
The plaintiff, on the 7th day of May, 1862, being within the limits of Temple street, on a public square in the city of New Haven, was injured by the falling of a limb from an overhanging tree. She now seeks to recover the damages thus sustained of the city of New Haven.
The declaration alleges that it was the duty of the city to keep said tree in proper condition, and that it omitted its duty in this respect, in consequence of which the plaintiff was injured. This duty the plaintiff claims arises from one or all of three distinct and independent sources.
1. The undertaking of the city to…
2Cases cited3 opinions
- Mower v. Inhabitants of LeicesterMassachusetts Supreme Judicial Court · 1812
- Baxter v. Winooski Turnpike Co.Supreme Court of Vermont · 1849
- Chidsey v. Town of CantonSupreme Court of Connecticut · 1846
3Cited by43 opinions
- Hill v. City of BostonMassachusetts Supreme Judicial Court · 1877
- City of Galveston v. PosnainskyTexas Supreme Court · 1884
- Barnes v. District of ColumbiaSupreme Court of the United States · 1876
- Sanzone v. Board of Police CommissionersSupreme Court of Connecticut · 1991
- City of Detroit v. BlackebyMichigan Supreme Court · 1870
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