Legal Opinion

Borglum v. New York, New Haven & Hartford Railroad

Supreme Court of Connecticut

Decided December 17, 1915PublishedCited by 5 opinions

Action to recover damages for causing the death of the plaintiff’s intestate by negligence, brought to the Superior Court in Fairfield County where the plaintiff was nonsuited in a trial to the jury before Williams, J., and from the court’s refusal to set aside such judgment the plaintiff appealed. The plaintiff also brought another action for destroying the automobile of his intestate, which was tried with the present one and was disposed of in like manner.

1Opinion of the CourtBeach, J.

The facts which the plaintiff’s evidence tended to prove are very simple: On September 8th, 1913, the plaintiff’s decedent, Addison T. Millar, was driving his automobile along Main Street in the city of Norwalk. His wife, daughter and a guest were with him in the car. At the corner of Main Street and the New Canaan Road he turned to the west down a gentle incline, intending to pass over the single track of the New Canaan Branch of the defendant railroad, which crossed the New Canaan Road at grade about one hundred and fifty feet from Main Street. On the other side of the crossing Tindale…

2Cases cited5 opinions

  1. Nehring v. Connecticut Co.Supreme Court of Connecticut · 1912
  2. Peck v. New York, New Haven & Hartford RailroadSupreme Court of Connecticut · 1882
  3. Cottle v. New York, New Haven & Hartford RailroadSupreme Court of Connecticut · 1909
  4. Elliott v. New York, New Haven & Hartford RailroadSupreme Court of Connecticut · 1911
  5. Hygienic Ice Co. v. Connecticut Co.Supreme Court of Connecticut · 1915

3Cited by5 opinions

  1. Texas & New Orleans Railroad v. BurdenTexas Supreme Court · 1947
  2. Gulf, C. & S. F. Ry. Co. v. GaddisTexas Commission of Appeals · 1919
  3. Belchak v. New York, New Haven & Hartford RailroadSupreme Court of Connecticut · 1935
  4. Hayes v. New York, New Haven & Hartford RailroadSupreme Court of Connecticut · 1917
  5. Rohthstein v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1936

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