Legal Opinion

Elliott v. New York, New Haven & Hartford Railroad

Supreme Court of Connecticut

Decided June 15, 1911PublishedCited by 8 opinions

Action to recover damages for personal injuries resulting in the death of the plaintiff’s intestate and the destruction of his property, brought to the Superior Court in Litchfield County and tried to the jury before Shumway, J.; verdict and judgment for the plaintiff for 15,335, and appeal by the defendant from the refusal of the trial court to set aside the verdict as one against the evidence.

1Opinion of the CourtThayer, J.

The only question raised by this appeal is whether it was error for the trial court to refuse to set aside 'the plaintiff’s verdict. The plaintiff’s intestate, Tetro, was struck and killed by the defendant’s train at a highway crossing just south of the East Litchfield station. He was familiar with the character of the crossing and with the running of the defendant’s trains. He approached the crossing from the west. All the evidence tends to prove, and the plaintiff alleged and claimed the fact to be, that to one thus approaching it, the crossing is a very dangerous one, for the reason that…

2Cases cited4 opinions

  1. Smith v. Connecticut Railway & Lighting Co.Supreme Court of Connecticut · 1907
  2. Elliott v. New York, New Haven & Hartford RailroadSupreme Court of Connecticut · 1910
  3. Fay v. Hartford & Springfield Street Railway Co.Supreme Court of Connecticut · 1908
  4. Cottle v. New York, New Haven & Hartford RailroadSupreme Court of Connecticut · 1909

3Cited by8 opinions

  1. Nehring v. Connecticut Co.Supreme Court of Connecticut · 1912
  2. Collins v. McMullinAppellate Court of Illinois · 1922
  3. Pennsylvania Rd. Co. v. LindahlOhio Supreme Court · 1924
  4. Farris v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1912
  5. Borglum v. New York, New Haven & Hartford RailroadSupreme Court of Connecticut · 1915

3 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API