Ralph N. Blakeslee Co. v. Rigo
Supreme Court of Connecticut
Action upon a replevin bond, brought to and tried by the Superior Court in New Haven County, Kellogg, Jfacts found and judgment rendered for the plaintiff for $1,604, and appeal by the defendants. The defendant Rigo prayed out a writ of replevin on December 13th, 1917, against the plaintiff, and took from the possession of plaintiff an auto-truck.
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Action upon a replevin bond, brought to and tried by the Superior Court in New Haven County, Kellogg, Jfacts found and judgment rendered for the plaintiff for $1,604, and appeal by the defendants. The defendant Rigo prayed out a writ of replevin on December 13th, 1917, against the plaintiff, and took from the possession of plaintiff an auto-truck. The truck at this time was completely dismantled and could not have been used or operated by the plaintiff unless new parts were installed in place of those injured, and necessary repairs made which were very considerable. Rigo replaced these parts…
1Opinion of the CourtWheeler, J.
The judgment is complained of because it includes special damages when none such were alleged in the complaint, and because a wrong measure of damages was adopted.
The damages for which judgment was rendered were formed, wholly or nearly so, of the value of the loss of use of the auto-truck. The only allegation of the complaint which sets forth the plaintiff’s claim for damages is, that “said Ralph N. Blakeslee Company has sustained damages from the replevying of said truck in the sum of $3,000.” Evidence was offered, without objection, of the value of the use of the truck during the period of…
2Cases cited11 opinions
- Allen v. . FoxNew York Court of Appeals · 1873
- Tomlinson v. Town of DerbySupreme Court of Connecticut · 1876
- Brown v. Town of SouthburySupreme Court of Connecticut · 1885
- Smith v. WhittleseySupreme Court of Connecticut · 1906
- Fritts v. New York & New England RailroadSupreme Court of Connecticut · 1893
6 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Fitzgerald v. Merard Holding Co.Supreme Court of Connecticut · 1927
- Duffy v. CarrollSupreme Court of Connecticut · 1950
- Bombero v. MarchionneConnecticut Appellate Court · 1987
- Staub v. AndersonSupreme Court of Connecticut · 1965
- Switzer v. TuranskySupreme Court of Connecticut · 1924
2 more not listed; retrieve them via the Exa API.