Peck v. New York, New Haven & Hartford Railroad
Supreme Court of Connecticut
Teespass on the case, for an injury to the wife through the negligence of the defendants; brought to the Court of Common Pleas. The defendants demurred to the declaration, and the demurrer was overruled and the case heard in damages. The following facts were found by the court:— On the 13th day of April, 1878, the plaintiffs, being husband and wife, rode to a store on Colony street in the city of Meriden. Colony street is next west of Railroad Avenue.
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Teespass on the case, for an injury to the wife through the negligence of the defendants; brought to the Court of Common Pleas. The defendants demurred to the declaration, and the demurrer was overruled and the case heard in damages. The following facts were found by the court:— On the 13th day of April, 1878, the plaintiffs, being husband and wife, rode to a store on Colony street in the city of Meriden. Colony street is next west of Railroad Avenue. The carriage occupied by the plaintiffs was an ordinary low-top phaeton, the top being up at the time of the accident. They were a little over…
1Opinion of the Court
Culver, J.*
The question reserved for the advice of this court is, whether upon the facts found the plaintiffs are entitled to anything more than nominal damages. If the plaintiffs were guilty of such negligence as essentially contributed to the injury, they certainly are not.
[The judge here states the facts.]
We think the facts show very clearly that the plaintiffs were guilty of such negligence as essentially contributed to the injury. They knew, or might have known, that a train was near, for they heard it only a moment before they arrived at the crossing. By bending forward and looking to…
2Cases cited1 opinion
- Carlisle v. Town of SheldonSupreme Court of Vermont · 1866
3Cited by15 opinions
- Atlanta & Charlotte Air-Line Rwy. Co. v. GravittSupreme Court of Georgia · 1894
- Bartram v. Town of SharonSupreme Court of Connecticut · 1899
- Knoxville Ry. & Light Co. v. VangilderTennessee Supreme Court · 1915
- McFadden v. Santa Ana, Orange, & Tustin Street RailwayCalifornia Supreme Court · 1891
- Davis v. MargolisSupreme Court of Connecticut · 1928
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