Isbell v. New York & New Haven Railroad
Supreme Court of Connecticut
Action on the case, for the destruction of certain cattle of the plaintiff by the negligent act of the defendants in running over them with their cars.
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Action on the case, for the destruction of certain cattle of the plaintiff by the negligent act of the defendants in running over them with their cars. The plaintiff in his declaration alleged that the cattle in question were at the time of the injury lawfully passing along the highway in the town of Milford, near the railroad of the defendants ; that at the place where the injury occurred there was no fence between the highway and the road of the defendants, but that the space between was open and unin closed, and that it was the duty of the defendants to keep and maintain a fence along…
1Opinion of the CourtEllsworth, J.
Several questions have been discussed which we have no occasion to decide and shall pass them, confining ourselves to two objections which are decisive against the correctness of the judgment below.
And the first is, that the judge ruled that the defendant’s counsel should not inquire of the plaintiff’s witness the character, height and condition of a certain fence. The witness had testified in chief that the plaintiff's lot was inclosed by a fence, well and substantially erected, partly of stakes and poles and partly of stones, but he knew not its height, having never measured it. Upon his…
2Cases cited1 opinion
- Camp v. CampSupreme Court of Connecticut · 1824
3Cited by7 opinions
- Bloomfield v. Charter Oak BankSupreme Court of the United States · 1887
- Dun v. Seaboard & Roanoke RailroadSupreme Court of Virginia · 1884
- Heintzelman v. Druids' Relief Ass'nSupreme Court of Minnesota · 1888
- Portland Water Co. v. Town of PortlandSupreme Court of Connecticut · 1922
- Harris v. RosenbergSupreme Court of Connecticut · 1875
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