Murphy v. Derby Street Railway Co.
Supreme Court of Connecticut
Action to recover damages for personal injuries resulting in the death of the plaintiff’s intestate, brought to the Superior Court in New Haven County and heard in damages to the court, George W. Wheeler, J.; facts found and judgment rendered for the plaintiff for $3,000, and appeal by the defendant for alleged errors in the rulings of the court.
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Action to recover damages for personal injuries resulting in the death of the plaintiff’s intestate, brought to the Superior Court in New Haven County and heard in damages to the court, George W. Wheeler, J.; facts found and judgment rendered for the plaintiff for $3,000, and appeal by the defendant for alleged errors in the rulings of the court. The complaint alleges that the plaintiff’s intestate (William Murphy) died from injuries caused by his being struck and run over by a trolley-car operated by the defendant, and that the injuries were wholly due to the negligence of the defendant. Two…
1Opinion of the CourtHamersley, J.
There is no error in the rulings of the court made upon the trial. The first is disposed of in treating the fourth. The second, in the view we take of the case, is not material. The third is correct. Whether parents are negligent or not in permitting a child to be in the street unattended, is an immaterial question in a suit by the child for injury to it. Daley v. Norwich § W. R. Co., 26 Conn. 591, 598. This action is based on the injury to the child, and is brought by his administrator under the statute. If it be so that the negligence of the parents might be material in such an action by…
2Cases cited4 opinions
- Nolan v. New York, New Haven & Hartford RailroadSupreme Court of Connecticut · 1898
- Daley v. Norwich & Worcester RailroadSupreme Court of Connecticut · 1858
- Bunnell v. Berlin Iron Bridge Co.Supreme Court of Connecticut · 1895
- Wood v. City of DanburySupreme Court of Connecticut · 1899
3Cited by19 opinions
- Wilmot v. McPaddenSupreme Court of Connecticut · 1905
- Brockett v. Fair Haven & Westville RailroadSupreme Court of Connecticut · 1900
- Lederer v. Connecticut Co.Supreme Court of Connecticut · 1920
- Lange v. HoytSupreme Court of Connecticut · 1932
- Salemme v. MulloySupreme Court of Connecticut · 1923
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