Carlson v. Connecticut Co.
Supreme Court of Connecticut
Action to recover damages for personal injuries alleged to have been caused by the. negligence of the defendant, brought to the Superior Court in Hartford County and tried to the jury before Greene, J.; verdict and judgment for the plaintiff for $12,500, and appeal by the defendant.
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Action to recover damages for personal injuries alleged to have been caused by the. negligence of the defendant, brought to the Superior Court in Hartford County and tried to the jury before Greene, J.; verdict and judgment for the plaintiff for $12,500, and appeal by the defendant. This case has already been before us on appeal from a verdict and judgment for the plaintiff, and reference is made to the former report, 94 Conn. 131, 108 Atl. 531, for a more complete statement of the facts. It was either undisputed, or established by the answers of the jury to special interrogatories, that…
1Opinion of the CourtBeach, J.
The plaintiff’s testimony affords no explanation of his negligent conduct in lying down beside the track, with his legs over the rail, except his own admission that he was more or less under the influence of the liquor he had taken. From a legal standpoint it is of no consequence whether he was drunk or sober. The important fact is that he went to sleep in that position of danger, and that his negligence in so doing is not explained away by any testimony. That being so, the trial court erred in failing to instruct the jury that the plaintiff was negligent in lying down on the track, and that…
2Cases cited7 opinions
- Nehring v. Connecticut Co.Supreme Court of Connecticut · 1912
- Aaronson v. City of New HavenSupreme Court of Connecticut · 1920
- Budd v. Meriden Electric RailroadSupreme Court of Connecticut · 1897
- Carlson v. Connecticut Co.Supreme Court of Connecticut · 1919
- Morris v. Town of East HavenSupreme Court of Connecticut · 1874
2 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- Bushnell v. BushnellSupreme Court of Connecticut · 1925
- Maffucci v. Royal Park Ltd. PartnershipSupreme Court of Connecticut · 1998
- Morin v. Bell Court Condominium Ass'nSupreme Court of Connecticut · 1992
- Kinderavich v. PalmerSupreme Court of Connecticut · 1940
- Richmond v. City of NorwichSupreme Court of Connecticut · 1921
24 more not listed; retrieve them via the Exa API.