Kruck v. Connecticut Co.
Supreme Court of Connecticut
Action to recover damages for personal injuries resulting in the death of the plaintiff’s intestate, alleged to have been caused by the defendant’s negligence, brought to the Superior Court in New London County where the plaintiff was nonsuited in a trial to the jury before Reed, J., and from the refusal to set aside such judg-ment the plaintiff appealed.
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Action to recover damages for personal injuries resulting in the death of the plaintiff’s intestate, alleged to have been caused by the defendant’s negligence, brought to the Superior Court in New London County where the plaintiff was nonsuited in a trial to the jury before Reed, J., and from the refusal to set aside such judg-ment the plaintiff appealed. The plaintiff offered evidence of the following facts: The plaintiff’s intestate was killed by being hit in the head by the front end of a passing trolley-car which he was expecting to board after dark. Boswell Avenue, upon which the…
1Opinion of the CourtPrentice, J.
The plaintiff assumed the burden of establishing by a preponderance of evidence the defendant’s negligence and her intestate’s freedom from contributory negligence. If she failed to present, in support of each of these two propositions, substantial evidence which should be weighed and considered by the jury, and upon which it reasonably might have reached affirmative conclusions, the nonsuit was properly granted. Booth v. Hart, 43 Conn. 480, 484; Foskett & Bishop v. Swayne, 70 Conn. 74, 75, 76, 38 Atl. 893. The evidence presented must have been such as to furnish a more substantial basis for…
2Cases cited8 opinions
- Morse v. Consolidated Railway Co.Supreme Court of Connecticut · 1908
- Smith v. Connecticut Railway & Lighting Co.Supreme Court of Connecticut · 1907
- Elliott v. New York, New Haven & Hartford RailroadSupreme Court of Connecticut · 1910
- Fay v. Hartford & Springfield Street Railway Co.Supreme Court of Connecticut · 1908
- Booth v. HartSupreme Court of Connecticut · 1876
3 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Wellman, Admr. v. WalesSupreme Court of Vermont · 1925
- Simauskas v. Connecticut Co.Supreme Court of Connecticut · 1925
- Oddwycz v. Connecticut Co.Supreme Court of Connecticut · 1928
- Donovan v. Connecticut Co.Supreme Court of Connecticut · 1911