Legal Opinion

Spencer v. Watkinson

Supreme Court of Connecticut

Decided July 15, 1835PublishedCited by 2 opinions

This was an action of debt on a bond, in the penal sum of 2,000 dollars, dated March 5th, 1822, payable to the plaintiff as treasurer of the state of Connecticut, and his successor in office.

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This was an action of debt on a bond, in the penal sum of 2,000 dollars, dated March 5th, 1822, payable to the plaintiff as treasurer of the state of Connecticut, and his successor in office. To this bond there was the following condition : “ That whereas the legislature of this state did, at their session in in May, 1821, enact a certain statute, entitled “ An Act regula*,, ting Ferries,” wherein, among other things, it was enacted,that the ferry across the Connecticut river between the towns of Middletown and Chatham shall be kept and maintained, exclusively, by the Colchester and Chatham…

1Opinion of the CourtChurch, J.

No opinion was expressed, at the trial, upon the objection which now forms the ground of this motion for a new trial; but the jury was directed, if the facts alleged in the replication were proved, to assess the plaintiff’s damages and return a verdict in his favour, subject to the opinion of this Court upon the question suggested by the motion.

This question is now to be considered ; and it is, whether in an action upon the bond in suit, in favour of the treasurer of the state, the damages sustained by individuals, passengers across the ferry at Middletown, and occasioned by a neglect of the…

2Cases cited2 opinions

  1. Corporation of Washington Ex Rel. McCue v. YoungSupreme Court of the United States · 1825
  2. Crocker v. FalesMassachusetts Supreme Judicial Court · 1816

3Cited by2 opinions

  1. Barnes ex rel. Hayes v. WebsterSupreme Court of Missouri · 1852
  2. Mays v. DeaverSupreme Court of Iowa · 1855

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