Crane v. Eastern Transportation Line
Supreme Court of Connecticut
Trespass on the case for the loss of a cargo of grain ■which was being towed by the defendants, a joint stock corporation; brought to the Superior Court. The same case was before this court at a former term (48 Conn., 361,) when the judgment of the court below, awarding only nominal damages on a hearing in damages after a demurrer overruled, was reversed by this court on the ground that the actual damage, (found to be $5,007.66,) should have been awarded.
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Trespass on the case for the loss of a cargo of grain ■which was being towed by the defendants, a joint stock corporation; brought to the Superior Court. The same case was before this court at a former term (48 Conn., 361,) when the judgment of the court below, awarding only nominal damages on a hearing in damages after a demurrer overruled, was reversed by this court on the ground that the actual damage, (found to be $5,007.66,) should have been awarded. The facts are fully stated in the former report of the case. The case was remanded to the Superior Court, where the defendants claimed the…
1Opinion of the CourtPark, C. J.
It is important to consider how this case stood in the trial court on the hearing in damages.
The defendants had demurred to the plaintiffs’ declaration, the court had adjudged the declaration sufficient, and the defendants had neglected and refused to plead further to it, or take any measures to review the judgment of the court upon the demurrer. In this state of things there was but one course left to be taken, and that was a hearing in damages. The parties came before the court for such hearing. The plaintiffs proved the value of their property destroyed at the time of the injury complained…
2Cases cited1 opinion
- McAlister v. ClarkSupreme Court of Connecticut · 1866
3Cited by5 opinions
- Hoyt v. City of DanburySupreme Court of Connecticut · 1897
- Fritts v. New York & New England RailroadSupreme Court of Connecticut · 1893
- Loewe v. Union Savings Bank of DanburyDistrict Court, D. Connecticut · 1915
- State v. BrundageSupreme Court of Connecticut · 2016
- State v. SimmonsConnecticut Superior Court · 1966