Ashborn v. Town of Waterbury
Supreme Court of Connecticut
Action to recover damages for personal injuries resulting from a defective highway, brought to the District Court of Waterbury and thence by the defendant’s appeal to the Superior Court -for New Haven County, and tried to the jury before Rordback, J.; verdict and judgment in favor of the plaintiff for $5,250 damages, and appeal by the defendant for alleged errors in the rulings and charge of the court.
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Action to recover damages for personal injuries resulting from a defective highway, brought to the District Court of Waterbury and thence by the defendant’s appeal to the Superior Court -for New Haven County, and tried to the jury before Rordback, J.; verdict and judgment in favor of the plaintiff for $5,250 damages, and appeal by the defendant for alleged errors in the rulings and charge of the court. In describing the cause of action- the complaint alleged that on the 18th of July, 1894, the defendant had wholly failed and neglected to maintain a fence or railing along the westerly side of…
1Opinion of the CourtHall, J.
The evidence introduced by the plaintiff to show the existence of a depression in the highway near the place of the accident, and of projecting cobble stones at the side of the rails of the tramway, was manifestly neither offered nor received to prove a cause of plaintiff’s injury different from that alleged in the complaint, but to prove the manner in which he came to fall over the defective railing.
The plaintiff was required to prove affirmatively that his own negligence did not essentially contribute to cause the fall. The main contention at the trial seems to have been upon tliis…
2Cases cited5 opinions
- Ring v. . City of CohoesNew York Court of Appeals · 1879
- Village of Carterville v. CookIllinois Supreme Court · 1889
- Baldwin v. Greenwoods Turnpike Co.Supreme Court of Connecticut · 1873
- Carstesen v. Town of StratfordSupreme Court of Connecticut · 1896
- Thorp v. Town of BrookfieldSupreme Court of Connecticut · 1870
3Cited by9 opinions
- Veits v. City of HartfordSupreme Court of Connecticut · 1948
- Pratt, Read & Co. v. New York, New Haven & Hartford RailroadSupreme Court of Connecticut · 1925
- Hanken v. Buckley Bros., Inc.Supreme Court of Connecticut · 1970
- Stedman v. O'NeilSupreme Court of Connecticut · 1909
- Farrell v. Eastern MacHinery Co.Supreme Court of Connecticut · 1905
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