Legal Opinion

Coupland v. Housatonic R. R. Co.

Supreme Court of Connecticut

Decided February 29, 1892PublishedCited by 36 opinions

Actioh to recover the value of a mare and colt injured while being transported by the defendant railroad company; brought to the Superior Court in New Haven County.

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Actioh to recover the value of a mare and colt injured while being transported by the defendant railroad company; brought to the Superior Court in New Haven County. The complaint alleged as follows : — That on the 25th day of April, 1889, the plaintiff was the owner of a valuable mare and Golt, the mare being then worth the sum of $2,0.00, and the colt the sum of $500 ; that said mare was on that day at Great Barrington in the state of Massachusetts; that the defendant was then and still is a common carrier b}r railroad, operating a line of railroad from said Great Barring-ton to the town of…

1Opinion of the CourtSeymour, J.

It appears from the record in this case that the answer to the complaint contained two defenses, to the second of which a demurrer was entered.

The demurrer was sustained upon grounds so entirely peculiar to the particular case, and of no general applicability, that we need only say, for the information of the parties, that in our judgment the second defense contained nothing material not already sufficiently averred in- the first defense; and that the defendant suffered nothing in consequence of the action of the court sustaining the demurrer. The complaint did not allege that the injury was…

2Cases cited4 opinions

  1. Hart v. Pennsylvania RailroadSupreme Court of the United States · 1884
  2. Squire v. New York Central RailroadMassachusetts Supreme Judicial Court · 1867
  3. Graves v. Lake Shore & Michigan Southern RailroadMassachusetts Supreme Judicial Court · 1884
  4. Camp v. Hartford & New York Steamboat Co.Supreme Court of Connecticut · 1876

3Cited by36 opinions

  1. Kellerman v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1896
  2. Lancaster v. Bank of New YorkSupreme Court of Connecticut · 1960
  3. Mears v. New York, New Haven & Hartford RailroadSupreme Court of Connecticut · 1902
  4. McCrory Stores Corp. v. TunnicliffeSupreme Court of Florida · 1932
  5. Travelers Indemnity Company v. WatkinsMississippi Supreme Court · 1968

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