Naugatuck Railroad v. Waterbury Button Co.
Supreme Court of Connecticut
This was an action on the case, founded on the liability of the defendants as common carriers. The declaration alleged that “ the defendants were the owners of a certain railroad commonly known as the Naugatuck railroad, constructed from the town of Winchester in Litchfield county, through the towns of Torrington and Plymouth, in the county last aforesaid, and the towns of Waterbury, Naugatuck, Seymour and Derby to Milford, in the county of New Haven, and were also the…
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This was an action on the case, founded on the liability of the defendants as common carriers. The declaration alleged that “ the defendants were the owners of a certain railroad commonly known as the Naugatuck railroad, constructed from the town of Winchester in Litchfield county, through the towns of Torrington and Plymouth, in the county last aforesaid, and the towns of Waterbury, Naugatuck, Seymour and Derby to Milford, in the county of New Haven, and were also the owners of certain cars and carriages and locomotive steam-engines to draw the same, used thereon, and which said cars,…
1Opinion of the CourtEllsworth, J.
There is no question, in our view of the constitution, that the legislature could properly authorize a court to nonsuit the plaintiff upon the defendants’ motion. The clause in the constitution, which provides that the trial by jury shall remain inviolate, presents no obstacle to this legislation. Its object is simply to preserve a jury trial in questions of fact, and it does not relate to questions of law with the court. The jury have nothing to do with the relevancy and materiality of evidence, or with inferences of law from facts fully established or not.' denied. If all the facts, claimed…
2Cases cited2 opinions
- Farmers' & Mechanics' Bank v. Champlain Transportation Co.Supreme Court of Vermont · 1851
- Farmers' & Mechanics' Bank v. Champlain Transportation Co.Supreme Court of Vermont · 1846
3Cited by9 opinions
- Ace-High Dresses, Inc. v. J. C. Trucking Co., Inc.Supreme Court of Connecticut · 1937
- Tilley v. CoxSupreme Court of Georgia · 1904
- J. Schnarr & Co. v. Virginia-Carolina Chemical Corp.Supreme Court of Florida · 1934
- Town of Canton v. Town of BurlingtonSupreme Court of Connecticut · 1889
- Gray v. JacksonSupreme Court of New Hampshire · 1871
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