Beers v. Woodruff & Beach Iron Works
Supreme Court of Connecticut
Case, for a false warranty of a steam boiler made by the defendants for the plaintiff, for fraud in the manufacture and sale of it,- and for negligence in its manufacture. On the trial to the jury the counts for false warranty and fraud were abandoned by the plaintiff. The counts for negligence had been added by amendment after the case came into court, against the objection of the defendants.
Read the full summary
Case, for a false warranty of a steam boiler made by the defendants for the plaintiff, for fraud in the manufacture and sale of it,- and for negligence in its manufacture. On the trial to the jury the counts for false warranty and fraud were abandoned by the plaintiff. The counts for negligence had been added by amendment after the case came into court, against the objection of the defendants. The jury returned a verdict for the plaintiff, and the defendants moved for a new trial on the ground that the verdict was against the evidence, and filed a motion in error on the ground of error in…
1Opinion of the CourtHinman, C. J.
The plaintiff was permitted to amend his original declaration by adding thereto two new counts; and the first question is, whether this was properly allowed. The original counts are two of them on what is called a false warranty, and one for fraud in the manufacture and sale to the plaintiff of a steam boiler to be used in the plaintiff’s manufactory at Bridgeport. The added counts allege that the defendants were manufacturers of steam boilers for general use, that they were employed by the plaintiff to manufacture a steam boiler for him, which they did, but that in manufacturing it they…
2Cases cited1 opinion
- Baldwin v. WalkerSupreme Court of Connecticut · 1851
3Cited by5 opinions
- Zagurski v. American Tobacco Co.District Court, D. Connecticut · 1967
- Johnston v. SikesConnecticut Superior Court · 1888
- Cooper v. KetoverConnecticut Superior Court · 1978
- Howland v. CouchSupreme Court of Connecticut · 1875
- Craft v. RollandSupreme Court of Connecticut · 1871