Knight v. Goodyear's India Rubber Glove Manufacturing Co.
Supreme Court of Connecticut
Trespass on the case ; brought to the Superior Court in New Haven county, and tried on the general issue closed to the court. Facts found, and case reserved for advice. The m ' facts were as follows : The plaintiff is a practising physician. On the 24th of November, 1865, after visiting a patient in Naugatuck, he started in a chaise to return to his home in Watérbury.
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Trespass on the case ; brought to the Superior Court in New Haven county, and tried on the general issue closed to the court. Facts found, and case reserved for advice. The m ' facts were as follows : The plaintiff is a practising physician. On the 24th of November, 1865, after visiting a patient in Naugatuck, he started in a chaise to return to his home in Watérbury. The horse driven by him was well broken, kind and gentle in every respect, except that he was easily frightened at unusual noises, especially steam whistles on locomotives and manufacturing establishments, which fault was well…
1Opinion of the CourtButler, C. J.
The gravamen of this action is, that the defendants erected and used upon their own land a steam-whistle of such a character as to frighten horses of ordinary gentleness when passing upon the highway adjoining their land, and that the whistle was blown with such violence when the plaintiff was passing upon the highway, as to frighten his horse and occasion the injury complained of.
The case does not involve the question whether the defendants were entitled to use a steam-whistle instead off a bell on their factory, but whether they were entitled to use such a whistle, within fifty-four and…
2Cited by13 opinions
- City of Winona v. BotzetCourt of Appeals for the Eighth Circuit · 1909
- Snyder v. Philadelphia Co.West Virginia Supreme Court · 1903
- New York Lubricating Oil Co. v. PuseyCourt of Appeals for the Second Circuit · 1914
- Powell v. Nevada, California & Oregon RailwayNevada Supreme Court · 1905
- Gordon v. Boston & Maine RailroadSupreme Court of New Hampshire · 1878
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