Dyer v. City of Danbury
Supreme Court of Connecticut
Action against the town and the city of Danbury to recover damages for personal injuries caused by the fall of a limb of a tree in and extending over the highway, brought to the Superior Court in Fairfield County where successive demurrers to the original and amended complaint were sustained (Gager and Reed, Js.) and judgment rendered for each of the defendants, from which the plaintiff appealed.
1Opinion of the CourtThayek, J.
This action was brought against the city and town of Danbury. A separate demurrer was filed by each of the defendants, and each demurrer was sustained. The correctness of the judgment in favor of the city, only, is questioned by this appeal.
According to the allegations of the complaint the plaintiff, while passing along the sidewalk, was hit upon the head and injured by a falling limb which had become “dislodged from” or was “broken off by the wind from” a dead tree which stood within the limits of the street and overhung the sidewalk. The street was a public highway of the city, and it was…
2Cases cited6 opinions
- Hewison v. City of New HavenSupreme Court of Connecticut · 1867
- Platt Bros. v. City of WaterburySupreme Court of Connecticut · 1900
- Hourigan v. City of NorwichSupreme Court of Connecticut · 1904
- Jones v. City of New HavenSupreme Court of Connecticut · 1867
- Hewison v. City of New HavenSupreme Court of Connecticut · 1871
1 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Hoffman v. City of BristolSupreme Court of Connecticut · 1931
- Bacon v. Town of Rocky HillSupreme Court of Connecticut · 1940
- Harp v. City of Cleveland HeightsOhio Supreme Court · 2000
- Comba v. Town of RidgefieldSupreme Court of Connecticut · 1979
- Karnasiewicz v. City of New BritainSupreme Court of Connecticut · 1945
23 more not listed; retrieve them via the Exa API.