Biesiegel v. Town of Seymour
Supreme Court of Connecticut
Action for an injury to a horse from a defective condition of a highway in the defendant town by reason of a gully across the same filled with snow and ice; brought to the Court of Common Pleas in New Haven County and heard before Deming, Jon the plaintiff’s demurrer to the defendant’s answer. The answer was held insufficient, the defendant declined to answer further, and the case was heard in damages.
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Action for an injury to a horse from a defective condition of a highway in the defendant town by reason of a gully across the same filled with snow and ice; brought to the Court of Common Pleas in New Haven County and heard before Deming, Jon the plaintiff’s demurrer to the defendant’s answer. The answer was held insufficient, the defendant declined to answer further, and the case was heard in damages. Facts found and damages assessed at sixty dollars, and appeal by the defendant. The case is fully stated in the opinion. • o
1Opinion of the CourtBeardsley, J.
This is an action for damages for injuries to the plaintiff’s horse upon a highway of the defendant town. The defendant answered as follows:—
“ 1. The plaintiff is and for many years has been a resident of the town of Woodbridge in said county, and during the whole period of his residence in said Woodbridge has been accustomed to use the public highway known as the Wood-bridge road, mentioned in the plaintiff’s complaint, and running through the defendant town for a distance of about one half of a mile, for the purpose of passing to and fro between his house in said town of Woodbridge and the…
2Cases cited4 opinions
- Brown v. Town of SouthburySupreme Court of Connecticut · 1885
- Larkin v. City of BostonMassachusetts Supreme Judicial Court · 1880
- Holcomb v. Town of DanbySupreme Court of Vermont · 1879
- Tuttle v. Town of WinchesterSupreme Court of Connecticut · 1883
3Cited by7 opinions
- Nicholaus v. City of BridgeportSupreme Court of Connecticut · 1933
- City of Indianapolis v. EvansIndiana Supreme Court · 1940
- Christian v. City of WaterburySupreme Court of Connecticut · 1937
- Lilly v. Town of WoodstockSupreme Court of Connecticut · 1890
- Town of Waterford v. ElsonCourt of Appeals for the Second Circuit · 1906
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