Cavanaugh v. Windsor Cut Stone Corporation
Supreme Court of Connecticut
Action to recover damages for personal injuries resulting in- the death of the plaintiff’s intestate, brought to and heard in damages by the Superior Court in. Hartford County, Oase, J.; facts found and judgment rendered for nominal damages only, from which the plaintiff appealed. The Hartford Paving and Construction Company was the contractor for the erection of a bridge, and engaged in its erection.
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Action to recover damages for personal injuries resulting in- the death of the plaintiff’s intestate, brought to and heard in damages by the Superior Court in. Hartford County, Oase, J.; facts found and judgment rendered for nominal damages only, from which the plaintiff appealed. The Hartford Paving and Construction Company was the contractor for the erection of a bridge, and engaged in its erection. The defendant took from this company a contract to furnish and set, for an agreed sum, certain cut stone specified for the construction of the bridge. The execution of this subcontract…
1Opinion of the CourtPrentice, J.
The defendant, having suffered a default, placed itself in a position where the plaintiff was entitled to a judgment for substantial damages, unless it succeeded in establishing by a preponderance of evidence, either that it was not negligent in the premises or that Cavanaugh, the plaintiff’s intestate, was negligent in a manner directly contributing to the injury which befell him. The court has in express terms found the latter fact established. There is no express finding upon the former issue. Evidently the court deemed it unnecessary to determine that question, in view of its conclusions…
2Cases cited5 opinions
- Smithwick v. Hall & Upson Co.Supreme Court of Connecticut · 1890
- McElligott v. RandolphSupreme Court of Connecticut · 1891
- Channon v. Sanford Co.Supreme Court of Connecticut · 1898
- Gilmore v. American Tube & Stamping Co.Supreme Court of Connecticut · 1907
- Rincicotti v. John J. O'Brien Contracting Co.Supreme Court of Connecticut · 1905
3Cited by5 opinions
- Perille v. Raybestos-Manhattan-Europe, Inc.Supreme Court of Connecticut · 1985
- Minicozzi v. Atlantic Refining Co.Supreme Court of Connecticut · 1956
- Federal Compress & Warehouse Co. v. SwilleyMississippi Supreme Court · 1965
- Federal Compress & Warehouse Co. v. SwilleyMississippi Supreme Court · 1965
- Morelli v. Noera Manufacturing Co.Supreme Court of Connecticut · 1908