Richmond v. City of Norwich
Supreme Court of Connecticut
Action to recover damages for personal injuries inflicted by a reservoir guard of the defendant in shooting the plaintiff, brought to the Superior Court in New London County where a demurrer to the defendant’s second defense was sustained (Keeler J.), and the cause was afterward tried to the jury before Kellogg, J.; verdict and judgment for the plaintiff for $25,000, and appeal by the defendant.
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Action to recover damages for personal injuries inflicted by a reservoir guard of the defendant in shooting the plaintiff, brought to the Superior Court in New London County where a demurrer to the defendant’s second defense was sustained (Keeler J.), and the cause was afterward tried to the jury before Kellogg, J.; verdict and judgment for the plaintiff for $25,000, and appeal by the defendant. The city of Norwich maintained the Fairview Reservoir as a part of its water supply for the benefit of its inhabitants, and sold its water to them for a profit to it. The facts in relation to this are…
1Opinion of the CourtWheeler, C. J.
Error is assigned in the failure of the court to submit to the jury the issue of whether the defendant city was engaged in the performance of a governmental duty at the time Matri, the guard at the reservoir, shot the plaintiff.
If it be assumed that the defendant is right in its position that either the second defense was improperly eliminated from the case by demurrer, or, if not, that the issue of governmental duty did not need to be affirmatively alleged, or that sufficient evidence upon this subject was introduced to make it necessary to submit this question to the jury in accordance with…
2Cases cited22 opinions
- Sallies v. JohnsonSupreme Court of Connecticut · 1911
- State v. TullerSupreme Court of Connecticut · 1867
- State v. LaudanoSupreme Court of Connecticut · 1902
- Hourigan v. City of NorwichSupreme Court of Connecticut · 1904
- Sydleman v. BeckwithSupreme Court of Connecticut · 1875
17 more not listed; retrieve them via the Exa API.
3Cited by47 opinions
- Berry v. LoiseauSupreme Court of Connecticut · 1992
- State v. MoynahanSupreme Court of Connecticut · 1973
- State v. RodriguezSupreme Court of Connecticut · 1980
- State v. SpigaroloSupreme Court of Connecticut · 1989
- State v. GoochSupreme Court of Connecticut · 1982
42 more not listed; retrieve them via the Exa API.