Legal Opinion

Simeoli v. Derby Rubber Co.

Supreme Court of Connecticut

Decided December 18, 1908PublishedCited by 6 opinions

Action to recover damages for personal injuries alleged to have been caused by the defendant’s negligence, brought to and heard in damages by the Superior Court in New Haven County, Roraback, J.; facts found and judgment rendered for the plaintiff for $1,500, and appeal by the defendant.

Read the full summary

Action to recover damages for personal injuries alleged to have been caused by the defendant’s negligence, brought to and heard in damages by the Superior Court in New Haven County, Roraback, J.; facts found and judgment rendered for the plaintiff for $1,500, and appeal by the defendant. This is an action for damages for an injury sustained by the plaintiff, a boy about seventeen years of age, by having his hand caught between the revolving grinding-rolls of a machine in the defendant’s factory, designed for the crushing or rolling of rubber, and upon which the plaintiff was working as an…

1Opinion of the CourtHall, J.

In his appeal to this court the defendant claimed that the superintendent’s orders to the plaintiff to' “put in another shovelful of powder”, and “not to pick it (the rubber dough) up in pieces,” but to “take it up altogether and shove it in, ” were the real cause of the accident, and that these acts of negligence were not alleged in the complaint, and were therefore erroneously made the basis of the judgment for substantial damages.

The complaint states a good cause of action, and properly describes several acts of defendant’s negligence as the causes of the plaintiff’s injury. All of them…

2Cases cited3 opinions

  1. Brockett v. Fair Haven & Westville RailroadSupreme Court of Connecticut · 1900
  2. O'Keefe v. National Folding Box & Paper Co.Supreme Court of Connecticut · 1895
  3. Anderson v. United States Rubber Co.Supreme Court of Connecticut · 1905

3Cited by6 opinions

  1. Mezzi v. TaylorSupreme Court of Connecticut · 1923
  2. Dunn v. MacDonaldSupreme Court of Connecticut · 1929
  3. Malkmus v. St. Louis Portland Cement Co.Missouri Court of Appeals · 1910
  4. Brown v. Ann Arbor RailroadMichigan Supreme Court · 1914
  5. Dovich v. Chief Consolidated Mining Co.Utah Supreme Court · 1918

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API