Legal Opinion

Tiesler v. Town of Norwich

Supreme Court of Connecticut

Decided October 4, 1900PublishedCited by 10 opinions

Action to recover damages for personal injuries claimed to have been caused by a defective highway, brought to the Superior Court in New London County and tried to the jury before Thayer, J.; verdict and judgment for the plaintiff for $875, and appeal by the defendant for alleged errors in the rulings and charge of the court.

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Action to recover damages for personal injuries claimed to have been caused by a defective highway, brought to the Superior Court in New London County and tried to the jury before Thayer, J.; verdict and judgment for the plaintiff for $875, and appeal by the defendant for alleged errors in the rulings and charge of the court. The complaint alleged that the defect in the highway consisted in “ a large block of stone nearly two feet long, about one foot wide and about ten inches high, then lying and being in the traveled way on the sidewalk and street, and projecting about eight inches above…

1Opinion of the CourtHamersley, J.

The question asked Mr. Spalding was properly • excluded.

The pleadings, and the state of testimony and claims as shown by the finding, did not justify the defendant in claiming the charge as to notice which it framed; and it certainly has no occasion to complain of the charge as given.

The court was not required to charge as to the duty of a town in respect to the removal of carriage-blocks, in the words of the defendant’s request,- but we think the substance of the request on this point should have been clearly stated to the jury.

The duty of a town to remove possible obstructions frofn a…

2Cases cited3 opinions

  1. Beardsley v. City of HartfordSupreme Court of Connecticut · 1883
  2. Dubois v. . City of KingstonNew York Court of Appeals · 1886
  3. Hubbard v. DemingSupreme Court of Connecticut · 1851

3Cited by10 opinions

  1. Yale University v. City of New HavenSupreme Court of Connecticut · 1926
  2. Birckhead v. Mayor of BaltimoreCourt of Appeals of Maryland · 1938
  3. Ross v. City of StamfordSupreme Court of Connecticut · 1914
  4. Vezina v. City of HartfordSupreme Court of Connecticut · 1927
  5. Moffitt v. Connecticut Co.Supreme Court of Connecticut · 1913

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