New York, New Haven & Hartford Railroad v. Ansonia Land & Water Power Co.
Supreme Court of Connecticut
Action to recover damages for an injury to the plaintiff’s roadway caused by a break in the defendant’s reservoir embankment, brought to the Superior Court in New Haven County and tried to the court, George W. Wheeler, J.; facts found and judgment rendered for the plaintiff for $4,839 damages, and appeal by the defendant for alleged errors in the rulings of the court.
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Action to recover damages for an injury to the plaintiff’s roadway caused by a break in the defendant’s reservoir embankment, brought to the Superior Court in New Haven County and tried to the court, George W. Wheeler, J.; facts found and judgment rendered for the plaintiff for $4,839 damages, and appeal by the defendant for alleged errors in the rulings of the court. The following facts appeared from the finding: In 1894 the plaintiff’s railroad was washed away for a space of a hundred and fifty feet, in consequence of the negligence of the defendant. The necessary repairs cost $3,313.49,…
1Opinion of the CourtBaldwin, J.
There is no right to interest on a disputed demand, unless by virtue of a contract, expressed or implied, or of a statute. In computing damages, however, in actions of tort, there may in certain cases be allowed a sum equal to what would be interest at the legal rate on the amount of compensation to which the plaintiff is found to be entitled, computed from the date when the loss was suffered. This is done because the defendant ought in justice to have made compensation immediately after occasioning the loss.
There is certainly an obligation to make payment, a breach of which places him in…
2Cases cited3 opinions
- Tilghman v. ProctorSupreme Court of the United States · 1888
- Parrott v. Housatonic RailroadSupreme Court of Connecticut · 1880
- New Haven Steam Saw Mill Co. v. City of New Haven & New York, New Haven & Hartford RailroadSupreme Court of Connecticut · 1899
3Cited by13 opinions
- Scribner v. O'Brien, Inc.Supreme Court of Connecticut · 1975
- Bernhard v. Rochester German InsuranceSupreme Court of Connecticut · 1906
- Foley v. Huntington Co.Connecticut Appellate Court · 1996
- United Aircraft Corp. v. International Ass'n of MachinistsSupreme Court of Connecticut · 1971
- New Milford Water Co. v. WatsonSupreme Court of Connecticut · 1902
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