Bartram v. Town of Sharon
Supreme Court of Connecticut
Action to recover damages for personal injuries claimed to have been caused by a defective highway, brought to the Superior Court in Litchfield County and tried to the court, George W. Wheeler, J.; facts found and judgment rendered for the plaintiff Helen D. Bartram to recover $800 damages, and appeal by the defendant for alleged errors in the rulings and findings of the court.
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Action to recover damages for personal injuries claimed to have been caused by a defective highway, brought to the Superior Court in Litchfield County and tried to the court, George W. Wheeler, J.; facts found and judgment rendered for the plaintiff Helen D. Bartram to recover $800 damages, and appeal by the defendant for alleged errors in the rulings and findings of the court. The ground on which the judgment below is reversed, renders unnecessary any statement relative to several claims of error in rulings on questions of pleading and evidence. The essential facts found by the court are…
1Opinion of the CourtHamers ley, J.
The facts found by the trial court do not support the judgment, whatever view may be taken of the other rulings claimed as erroneous. It is certainly true that one cannot be guilty of negligence, unless through some act or omission of his own or through that of his servant or agent. The Bernina, L. R. 12 Prob. Div. 58; Little v. Hackett, 116 U. S. 366; Randolph v. O' Riordon, 155 Mass. 331, 336. The obiter dictum cited from Peck v. New York, N. H. & H. R. Co., 50 Conn. 379, 392, does not affect this settled law. It is also true that when the culpable negligence of each of two persons is the…
2Cases cited17 opinions
- Little v. HackettSupreme Court of the United States · 1886
- U. P. R. W. Co. v. RollinsSupreme Court of Kansas · 1869
- Chidsey v. Town of CantonSupreme Court of Connecticut · 1846
- Baldwin v. Greenwoods Turnpike Co.Supreme Court of Connecticut · 1873
- Wilson v. Town of GranbySupreme Court of Connecticut · 1879
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3Cited by97 opinions
- Sanzone v. Board of Police CommissionersSupreme Court of Connecticut · 1991
- White v. BurnsSupreme Court of Connecticut · 1990
- Taylor v. City of CincinnatiOhio Supreme Court · 1944
- Elliott v. City of WaterburySupreme Court of Connecticut · 1998
- Hall v. BurnsSupreme Court of Connecticut · 1990
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