Kling v. Torello
Supreme Court of Connecticut
Action to recover damages for an alleged wilful and malicious assault upon the plaintiff’s intestate resulting in his death, brought to the Superior Court in New Haven County where the trial court, Gager,./., directed a verdict for the defendant, from the judgment upon which the plaintiff appealed. Error and new trial ordered.
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Action to recover damages for an alleged wilful and malicious assault upon the plaintiff’s intestate resulting in his death, brought to the Superior Court in New Haven County where the trial court, Gager,./., directed a verdict for the defendant, from the judgment upon which the plaintiff appealed. Error and new trial ordered. David Kling, the present plaintiff’s intestate, brought this action in his lifetime, claiming damages for an alleged malicious , and wilful assault resulting in "severe injuries and a fractured skull endangering life. Following his death, which occurred two days later,…
1Opinion of the CourtPrentice, C. J.
The record does not disclose the reasons assigned by the court for its direction of a defendant’s verdict. Examination of the transcript of testimony clearly indicates that the reason was not found in the insufficiency of the proof of the alleged assault, and of the intestate’s death as a consequence thereof. Presumably the reason was that which defendant’s counsel insists was sufficient, to wit: that as the proof was of injuries resulting in death intentionally inflicted, there could be no recovery under the substituted complaint. Possibly it was for the reason that the substituted complaint…
2Cases cited9 opinions
- Michigan Central Railroad v. VreelandSupreme Court of the United States · 1913
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- American Railroad Co. of Porto Rico v. DidricksenSupreme Court of the United States · 1913
- McElligott v. RandolphSupreme Court of Connecticut · 1891
- Goodsell v. Hartford & New Haven RailroadSupreme Court of Connecticut · 1865
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