Miner v. McNamara
Supreme Court of Connecticut
Action to recover for the loss of a stock of merchandise due to the collapse and fall of a leased building, and alleged to have been caused by the defendants’ negligence, brought to and tried by the Superior Court in New Haven County, Robinson, J., upon a demurrer to the complaint filed by one of the defendants; the court sustained the demurrer and rendered judgment for that defendant, from which the plaintiff appealed.
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Action to recover for the loss of a stock of merchandise due to the collapse and fall of a leased building, and alleged to have been caused by the defendants’ negligence, brought to and tried by the Superior Court in New Haven County, Robinson, J., upon a demurrer to the complaint filed by one of the defendants; the court sustained the demurrer and rendered judgment for that defendant, from which the plaintiff appealed. The complaint alleges, in substance, the following facts: The defendant McNamara, on May 1st, 1907, leased to the plaintiffs for the term of five years, for the general…
1Opinion of the CourtThayer, J.
Whether this defendant (The Hubbell Building Company) is liable for the plaintiffs’ injury, depends upon whether its negligent or unlawful act was the proximate cause of that injury. “That only- is a proximate cause of an event, juridically considered, which, in a natural sequence, unbroken by any new and intervening cause, produces that event, and without which that event would not have occurred.” Smith v. Connecticut Ry. & Ltg. Co., 80 Conn. 268, 270, 67 Atl. 888. The last conscious agent in producing the injury is the party liable for it. 1 Beven on Neg. in Law (3d Ed.) 53. The law does…
2Cases cited6 opinions
- Cowen v. SunderlandMassachusetts Supreme Judicial Court · 1887
- Broschart v. TuttleSupreme Court of Connecticut · 1890
- Smith v. Connecticut Railway & Lighting Co.Supreme Court of Connecticut · 1907
- Gallagher v. ButtonSupreme Court of Connecticut · 1900
- Booth v. MerriamMassachusetts Supreme Judicial Court · 1892
1 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Slavin v. KaySupreme Court of Florida · 1959
- Tetro v. Town of StratfordSupreme Court of Connecticut · 1983
- Licata v. SpectorConnecticut Superior Court · 1966
- Valin v. JewellSupreme Court of Connecticut · 1914
- Hess v. RobinsonUtah Supreme Court · 1945
8 more not listed; retrieve them via the Exa API.