Daniels v. Town of Saybrook
Supreme Court of Connecticut
Action on the statute “ concerning highways and bridges,” for an injury upon a highway which was unsafe and defective from want of a railing; brought to the superior court in Middlesex county. The defendants demurred to the declaration, the demurrer was overruled, and the case heard in damages. Upon this hearing the court found the following facts.
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Action on the statute “ concerning highways and bridges,” for an injury upon a highway which was unsafe and defective from want of a railing; brought to the superior court in Middlesex county. The defendants demurred to the declaration, the demurrer was overruled, and the case heard in damages. Upon this hearing the court found the following facts. The highway described in the declaration was at the time one of the public highways of the town of Saybrook, which the town was bound to maintain. At the place where the accident happened the highway was so raised above the adjoining ground as to…
1Opinion of the CourtButler, J.
The defendants in this case, by demurring to the declaration, defaulted as to the facts sufficiently alleged and essential to constitute a cause of action, and thereby admitted them. When their demurrer was overruled their case stood as upon default, with all the essential elements of the cause of action and the right of the plaintiffs to recover some damages, conclusively admitted.
But by the rules of. law applicable to the case the allegations respecting the extent of the injury done the plaintiffs and the consequent amount of damages to which they were entitled, were not admitted. On the…
2Cited by4 opinions
- Farrell v. Waterbury Horse R. R. Co.Supreme Court of Connecticut · 1891
- Stedman v. O'NeilSupreme Court of Connecticut · 1909
- Crane v. Eastern Transportation LineSupreme Court of Connecticut · 1880
- Falken v. Housatonic R. R. Co.Supreme Court of Connecticut · 1893