Dore v. Babcock
Supreme Court of Connecticut
Action to recover damages for negligently setting on fire and burning tbe plaintiff’s store and contents, brought to the Superior Court in New Haven County and tried to the jury before Shumway, J.; verdict and judgment for the defendant, and appeal by the plaintiff for alleged errors in the rulings and charge of the court.
Read the full summary
Action to recover damages for negligently setting on fire and burning tbe plaintiff’s store and contents, brought to the Superior Court in New Haven County and tried to the jury before Shumway, J.; verdict and judgment for the defendant, and appeal by the plaintiff for alleged errors in the rulings and charge of the court. The complaint, inter alia, alleged in substance the following facts: The defendant, at the time alleged in the complaint, entered the store of the plaintiff to fill the tank in said store with kerosene oil. The tank was in the cellar of the building and was connected with a…
1Opinion of the CourtTobor aside, J.
One of the important questions in the trial court was whether the plaintiff had been guilty of such negligence as essentially contributed to the loss he sustained by reason of the fire. The defendant claimed that the plaintiff had been guilty of such negligence. This claim was based chiefly upon the fact that the plaintiff, by his clerk, had fur nished to the defendant’s servant a candle for his use in pouring the oil into the pan. The evidence upon both sides bearing upon this point was substantially the same, and to this effect: Higgins, as he claimed, asked the plaintiff’s clerk to give…
2Cited by1 opinion
- Dore v. BabcockSupreme Court of Connecticut · 1902