Legal Opinion

Fine v. Connecticut Co.

Supreme Court of Connecticut

Decided January 25, 1917PublishedCited by 3 opinions

Action to recover damages for injuries to the person and property of the plaintiff, alleged to have been caused by the negligence of the defendant, brought to the Superior Court in Hartford County and tried to the jury before Bennett, J.; by direction of the trial judge the jury returned a verdict for the defendant, and from the judgment thereon the plaintiff appealed.

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Action to recover damages for injuries to the person and property of the plaintiff, alleged to have been caused by the negligence of the defendant, brought to the Superior Court in Hartford County and tried to the jury before Bennett, J.; by direction of the trial judge the jury returned a verdict for the defendant, and from the judgment thereon the plaintiff appealed. In the early evening of November 10th, 1915, the plaintiff was proceeding northerly on the main highway from Glastonbury to Hartford, riding in a covered baker’s wagon drawn by a single horse, when a trolley-car owned and…

1Opinion of the CourtPrentice, C. J.

There can be no doubt that the plaintiff was entitled to go to the jury upon the issue as to the defendant’s negligence. The court below directed the verdict for the defendant upon the ground that the plaintiff had failed to present evidence which would furnish the jury a reasonable basis for finding that he was free from contributory negligence.

The plaintiff’s duty, in the exercise of ordinary care, was to make reasonable use of his senses in his self-protection. Jacko v. American Tube & Stamping Co., 90 Conn. 523, 526, 97 Atl. 755; Radwick v. Goldstein, 90 Conn. 701, 710, 98 Atl. 583. He…

2Cases cited4 opinions

  1. Laufer v. Bridgeport Traction Co.Supreme Court of Connecticut · 1897
  2. Radwick v. GoldsteinSupreme Court of Connecticut · 1916
  3. Riley v. Consolidated Railway Co.Supreme Court of Connecticut · 1909
  4. Jacko v. American Tube & Stamping Co.Supreme Court of Connecticut · 1916

3Cited by3 opinions

  1. Fine v. Connecticut Co.Supreme Court of Connecticut · 1918
  2. Woodhull v. Connecticut Co.Supreme Court of Connecticut · 1924
  3. Clark Dairy, Inc. v. FeeleySupreme Court of Connecticut · 1935

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