Legal Opinion

Whittlesey v. New York, New Haven & Hartford Railroad

Supreme Court of Connecticut

Decided July 1, 1904PublishedCited by 10 opinions

Action to recover damages for personal injuries resulting in the death of the plaintiff’s intestate, brought to the Superior Court in New London County and heard in damages to the court, Greorge W. Wheeler, J.; judgment for nominal damages only, and appeal by the plaintiff.

1Opinion of the CourtHall, J.

The plaintiff’s intestate, Sylvester Sullivan, was employed by the defendant as a section hand in a gang of laborers, one of whom was a foreman, stationed on the line of defendant’s railroad and engaged in keeping the roadbed in repair. The foreman of the gang, one Dwyer, worked with the other laborers of the gang, kept their time, and, in the absence of the roadmaster, directed their work, but had no power to hire of discharge them except in emergencies. The roadmaster had the direction and supervision of the work done by section gangs in his division, and reported to the superintendent, who…

2Cases cited5 opinions

  1. Northern Pacific Railroad v. PetersonSupreme Court of the United States · 1896
  2. Nolan v. New York, New Haven & Hartford RailroadSupreme Court of Connecticut · 1898
  3. Darrigan v. New York & New England RailroadSupreme Court of Connecticut · 1885
  4. Clifford v. Old Colony RailroadMassachusetts Supreme Judicial Court · 1886
  5. Kelly, Admr. v. New Haven Steamboat Co.Supreme Court of Connecticut · 1902

3Cited by10 opinions

  1. Degonia v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1909
  2. Pigeon v. LaneSupreme Court of Connecticut · 1907
  3. Indianapolis Traction & Terminal Co. v. MathewsIndiana Supreme Court · 1912
  4. Cahill v. Chicago & Alton Railway Co.Supreme Court of Missouri · 1907
  5. Gilmore v. American Tube & Stamping Co.Supreme Court of Connecticut · 1907

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