Legal Opinion

Fuller v. Naugatuck Railroad

Supreme Court of Connecticut

Decided June 15, 1852PublishedCited by 32 opinions

This was an action on the case for a personal injury to Betsey Fuller, one of the plaintiffs. The defendants were described in the writ, as “a body politic and corporate, created by the legislature of this state, located and doing business in Bridgeport, in this state, by the name of the Naugatuck Railroad Company, with power to sue and be sued, plead and be impleaded.”

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This was an action on the case for a personal injury to Betsey Fuller, one of the plaintiffs. The defendants were described in the writ, as “a body politic and corporate, created by the legislature of this state, located and doing business in Bridgeport, in this state, by the name of the Naugatuck Railroad Company, with power to sue and be sued, plead and be impleaded.” The first count alleged, That on the 12th day of November, 1850, the defendants were, and ever since have been, the proprietors of a certain rail-road, known and called by the name of the Naugatuck Rail-road, located in this…

1Opinion of the CourtHinman, J.

The defendants in this case, after verdict for the plaintiffs, move in arrest of judgment, on the ground of *570the insufficiency of the declaration. The objections to the declaration are, that it does not state, that the defendants are carriers, or, that they had power, by their charter, to become common carriers; that the several counts each join a claim for damages on account of the wife's personal injury, with a claim for the expenses of her cure; that, in the two first counts, the promise is alleged to have been made to the wife, and in the third count, it is alleged to have been made to…

2Cases cited2 opinions

  1. Nichols v. PalmerSupreme Court of Connecticut · 1811
  2. Dibble v. HuttonSupreme Court of Connecticut · 1804

3Cited by32 opinions

  1. Treadwell v. WhittierCalifornia Supreme Court · 1889
  2. McDonald v. Chicago & N. W. R. R.Supreme Court of Iowa · 1868
  3. Firszt v. Capitol Park Realty Co.Supreme Court of Connecticut · 1923
  4. Ohio & Mississippi Railway Co. v. CosbyIndiana Supreme Court · 1886
  5. Smith v. City of St. JosephSupreme Court of Missouri · 1874

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