Park v. O'Brien
Supreme Court of Connecticut
This was an action of trespass, and trespass on the case, there being two counts of the former description, and one of the latter.
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This was an action of trespass, and trespass on the case, there being two counts of the former description, and one of the latter. The cause was brought to the county court for New London county, and tried at Norwich, in February, 1853. Said latter count, which is the only one material to the present case, alleged “ that the plaintiff’s horse and buggy-wagon were standing adjacent to the public highway in the town of Preston, and the defendant was also then and there possessed of a certain other wagon and a certain other horse, driving the same, and which last mentioned horse and wagon were…
1Opinion of the CourtStorrs, J.
The first error assigned, on which the plaintiff in error, the defendant below, relies, is that the county court omitted to charge the jury that the burden was on the plaintiff below, of proving that when the injury complained of was committed, he was in the exercise of reasonable care and prudence. We accord, entirely, with the decisions,' cited by him to show that, in this suit, the burden of showing that the injury was not attributable to the want of reasonable care on his part, rested on the plaintiff The reason of this rule is, that the plaintiff must prove all the facts which are…
2Cited by22 opinions
- Detroit & Milwaukee Railroad v. Van SteinburgMichigan Supreme Court · 1868
- Bartram v. Town of SharonSupreme Court of Connecticut · 1899
- Sheff v. City of HuntingtonWest Virginia Supreme Court · 1880
- Wilmot v. McPaddenSupreme Court of Connecticut · 1905
- Bronson v. OakesCourt of Appeals for the Eighth Circuit · 1896
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