Legal Opinion

Miner v. McNamara

Supreme Court of Connecticut

Decided December 17, 1909PublishedCited by 13 opinions

Action to recover damages for the loss of a stock of merchandise through' the collapse' and fall of a leased building, which was alleged to have been caused by the negligent acts and omissions of the defendants, brought to and tried by the Superior Court in New Haven County, Shumway, J., upon demurrer to a plea of the statute of limitations filed by the defendant McNamara; the court overruled the demurrer and rendered judgment, for that defendant, from which the plaintiffs…

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Action to recover damages for the loss of a stock of merchandise through' the collapse' and fall of a leased building, which was alleged to have been caused by the negligent acts and omissions of the defendants, brought to and tried by the Superior Court in New Haven County, Shumway, J., upon demurrer to a plea of the statute of limitations filed by the defendant McNamara; the court overruled the demurrer and rendered judgment, for that defendant, from which the plaintiffs appealed.

1Opinion of the CourtPrentice, J.

This complaint has already been before us upon an appeal from a judgment rendered in favor of another of the defendants, who successfully demurred to it. Miner v. McNamara, 81 Conn. 690, 72 Atl. 138. Its averments are there fully summarized. Its reappearance results from a judgment since rendered in favor of another defendant, as the consequence of his defense that the injury or neglect complained of did not occur within one year prior to the commencement of the action, and that the right of action for the cause stated did not accrue within that period of time. The plaintiffs unsuccessfully…

2Cases cited1 opinion

  1. Miner v. McNamaraSupreme Court of Connecticut · 1909

3Cited by13 opinions

  1. Stewart v. CoxCalifornia Supreme Court · 1961
  2. Veits v. City of HartfordSupreme Court of Connecticut · 1948
  3. Sanborn v. GreenwaldConnecticut Appellate Court · 1995
  4. Tuohey v. MartinjakSupreme Court of Connecticut · 1935
  5. Boardman v. BurlingameSupreme Court of Connecticut · 1938

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