Daley v. Norwich & Worcester Railroad
Supreme Court of Connecticut
Action on the_ca.se, tried to the jury upon the general issue. The plaintiff was a child less than three years old. The suit was brought to recover damages for injuries done to her upon the defendants’ railroad track, through the negligence of the defendants in the management of a train of cars, while she was playing along the track.
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Action on the_ca.se, tried to the jury upon the general issue. The plaintiff was a child less than three years old. The suit was brought to recover damages for injuries done to her upon the defendants’ railroad track, through the negligence of the defendants in the management of a train of cars, while she was playing along the track. The defendants claimed upon the evidence in the case, that the plaintiff, at the time of the accident, was upon the defendants’ road without right to be there, and that her own negligence or that of her parents in suffering her to be upon the road, exposed her to…
1Opinion of the CourtEllsworth, J.
We do not think it necessary to examine minutely the evidence on which it is said that the jury came to a wrong conclusion in their verdict, for every cause must depend on its own circumstances ; and our business is to see that true principles of law are laid down and applied to those circumstances as they are developed.
The law with regard to the granting of new trials for a verdict against evidence has been so often before us, and is so readily apprehended and applied, that we can not think it necessary or proper to spend many words upon the subject. The general rule is, that a new trial…
2Cases cited4 opinions
- Birge v. GardinerSupreme Court of Connecticut · 1849
- Robinson v. ConeSupreme Court of Vermont · 1850
- Beers v. Housatonuc Rail-roadSupreme Court of Connecticut · 1849
- Palmer v. HydeSupreme Court of Connecticut · 1822
3Cited by52 opinions
- Renz v. Penn Central Corp.Supreme Court of New Jersey · 1981
- Atlanta & Charlotte Air-Line Rwy. Co. v. GravittSupreme Court of Georgia · 1894
- Fulton v. Chouteau County Farmers' Co.Montana Supreme Court · 1934
- Washington v. B. & O. R. R.West Virginia Supreme Court · 1880
- Mangam v. . Brooklyn R.R. Co.New York Court of Appeals · 1868
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