Legal Opinion

Elliott v. New York, New Haven & Hartford Railroad

Supreme Court of Connecticut

Decided June 14, 1910PublishedCited by 25 opinions

Action to recover damages for personal injuries resulting in the death of the plaintiff’s intestate and the loss of his horses and wagon, alleged to have been caused by the defendant’s negligence, brought to the Superior Court in Litchfield County and tried to the jury before George W. Wheeler, J.; verdict and judgment for the plaintiff for $5,335, and appeal by the defendant.

1Opinion of the CourtThayer, J.

The plaintiff’s intestate was killed while attempting to drive across the defendant’s railroad at a grade-crossing located near its East Litchfield station. The court refused to direct a verdict for the defendant, or to set aside the plaintiff’s verdict, as it was requested to do by the defendant, and these refusals constitute two of the assigned errors upon which this appeal is based. The ground of the motions was that the evidence failed to show that the intestate, Tetro, was free from contributory negligence, but that it showed, on the contrary, that he was guilty of such negligence, in…

2Cases cited2 opinions

  1. Freedman v. New York, New Haven & Hartford RailroadSupreme Court of Connecticut · 1909
  2. Smith v. Connecticut Railway & Lighting Co.Supreme Court of Connecticut · 1907

3Cited by25 opinions

  1. Nehring v. Connecticut Co.Supreme Court of Connecticut · 1912
  2. State v. WoodSupreme Court of Connecticut · 1988
  3. Kinderavich v. PalmerSupreme Court of Connecticut · 1940
  4. Pratt, Read & Co. v. New York, New Haven & Hartford RailroadSupreme Court of Connecticut · 1925
  5. Farrington v. CheponisSupreme Court of Connecticut · 1911

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