Legal Opinion

Hayes v. New York, New Haven & Hartford Railroad

Supreme Court of Connecticut

Decided January 25, 1917PublishedCited by 14 opinions

Action to recover damages for personal injuries resulting in the death of the plaintiff’s intestate and alleged to have been caused by the defendant’s negligence, brought to the Superior Court in Hartford County and tried to the jury before Greene, J.; by direction of the court 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 personal injuries resulting in the death of the plaintiff’s intestate and alleged to have been caused by the defendant’s negligence, brought to the Superior Court in Hartford County and tried to the jury before Greene, J.; by direction of the court the jury returned a verdict for the defendant, and from the judgment thereon the plaintiff appealed. The plaintiff’s intestate, Edward L. Hayes, while driving his automobile southerly on the main road between Hartford and New Haven, received injuries which caused his death by being struck by a train coming from the…

1Opinion of the CourtPrentice, C. J.

The complaint charges the defendant with negligent conduct causing personal injuries to the plaintiff’s intestate and nothing more, and avers the absence of contributory negligence on the part of the latter. The action is, therefore, one founded upon-negligence, and recovery upon any other ground was not permissible. Pitkin v. New York & N. E. R. Co., 64 Conn. 482, 490, 30 Atl. 772; Sharkey v. Skilton, 83 Conn. 503, 507, 77 Atl. 950. Plaintiff’s counsel do not claim otherwise.

The only evidence tending to show negligence on the part of the defendant was that given on the plaintiff’s behalf, to…

2Cases cited6 opinions

  1. Sharkey v. SkiltonSupreme Court of Connecticut · 1910
  2. Ellis v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1897
  3. Pitkin v. New York & New England RailroadSupreme Court of Connecticut · 1894
  4. Cottle v. New York, New Haven & Hartford RailroadSupreme Court of Connecticut · 1909
  5. Dundon v. New York, New Haven & Hartford RailroadSupreme Court of Connecticut · 1896

1 more not listed; retrieve them via the Exa API.

3Cited by14 opinions

  1. Ferino v. PalmerSupreme Court of Connecticut · 1947
  2. Robinson v. Southern New England Telephone Co.Supreme Court of Connecticut · 1953
  3. Varga v. ParelesSupreme Court of Connecticut · 1951
  4. Bernardo v. HoffmanSupreme Court of Connecticut · 1929
  5. Epstein v. City of New HavenSupreme Court of Connecticut · 1926

9 more not listed; retrieve them via the Exa API.

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