Shalley v. Danbury & Bethel Horse Railway Co.
Supreme Court of Connecticut
Action to recover damages for personal injuries suffered through'the alleged negligence of the defendant; brought to the Superior Court in Fairfield County and tried to the court, F. B. Sail, Jupon demurrer to the complaint; the demurrer was sustained, the plaintiffs filed an amended complaint which was also demurred to, and the court, Shumway, J., sustained this demurrer and thereafter rendered judgment for the defendant, and the plaintiffs appealed for alleged errors of…
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Action to recover damages for personal injuries suffered through'the alleged negligence of the defendant; brought to the Superior Court in Fairfield County and tried to the court, F. B. Sail, Jupon demurrer to the complaint; the demurrer was sustained, the plaintiffs filed an amended complaint which was also demurred to, and the court, Shumway, J., sustained this demurrer and thereafter rendered judgment for the defendant, and the plaintiffs appealed for alleged errors of the court in sustaining the demurrers.
1Opinion of the CourtTorrahce, J.
The defendant is a corporation owning and operating a street railroad in the towns of Danbury and Bethel. By the provisions of its charter it is made the duty of the defendant, among other things, to keep in repair that portion of the streets and highways over which its railway is laid down, and a space of two feet on each side of its tracks, without expense to the municipalities through which *384its road is laid, or to the owners of land adjoining said railway.
The complaint alleges in substance that on the 21st of September, 1892, in the course of repairs to the defendants’ tracks at the.…
2Cases cited1 opinion
- Fields v. Hartford & Wethersfield Horse-RailroadSupreme Court of Connecticut · 1886
3Cited by8 opinions
- Sanzone v. Board of Police CommissionersSupreme Court of Connecticut · 1991
- Sanger v. City of BridgeportSupreme Court of Connecticut · 1938
- Sanborn v. GreenwaldConnecticut Appellate Court · 1995
- Pratt v. Western Bridge & Construction Co.Nebraska Supreme Court · 1928
- DeCapua v. City of New HavenSupreme Court of Connecticut · 1940
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