City of Norwich v. Breed
Supreme Court of Connecticut
Action on the case, to recover from the defendant the amount of a judgment which had been recovered against and paid by the city of Norwich, for an injury sustained by a person passing along a sidewalk in the city, by falling into an excavation by tbe side of tbe street left open by tbe defendant on Ms own land.
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Action on the case, to recover from the defendant the amount of a judgment which had been recovered against and paid by the city of Norwich, for an injury sustained by a person passing along a sidewalk in the city, by falling into an excavation by tbe side of tbe street left open by tbe defendant on Ms own land. The case was tried to the jury in the superior court, on the general issue, before Button, J. On the trial it was proved and admitted that the defendant was the owner of a piece of land at the corner of Main and Ghurch streets in the city of Norwich; that a short time previous to the…
1Opinion of the CourtSanford, J.
Under the defendant’s motion for a new trial, iwo questions are presented for our determination.
Eirst, it is claimed that the judge should have charged the jury that, in order to justify a verdict for the plaintiffs, they must find not only that the excavation on the defendant’s hind was left by him in a condition dangerous to passengers on the adjoining street who were exercising ordinary care, but also that the excavation was substantially adjoining the highway, so that a person actually upon the highway might be precipitated into it.
In regard to this objection we may remark, in the first…
2Cited by33 opinions
- Hayes v. Michigan Central RailroadSupreme Court of the United States · 1884
- Bacon v. Town of Rocky HillSupreme Court of Connecticut · 1940
- Crogan v. SchieleSupreme Court of Connecticut · 1885
- City of Hartford v. TalcottSupreme Court of Connecticut · 1881
- Sedita v. SteinbergSupreme Court of Connecticut · 1926
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