Daily v. New York & New Haven Railroad
Supreme Court of Connecticut
Action ou the case, by the plaintiff as administrator of Michael Dailey deceased, for an injury to the latter through the negligence of the defendants,, by which he died soon after. The defendants demurred, and the superior court (Phelps, J.,') overruled the demurrer and heard the case in damages.
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Action ou the case, by the plaintiff as administrator of Michael Dailey deceased, for an injury to the latter through the negligence of the defendants,, by which he died soon after. The defendants demurred, and the superior court (Phelps, J.,') overruled the demurrer and heard the case in damages. Upon this hearing the court found that the deceased was struck by the locomotive of the defendants while he was walking upon the track of the railroad, through a narrow cut within the city of New Haven, soon after dark, and that he died a few hours after; that the .defendants were culpably negligent…
1Opinion of the Court
Hinman, O. J.
Two questions are raised by the plaintiff upon this record. First, that the court erred in rejecting *358certain declarations of the deceased made after he received the injury for which the action is brought, and while he was under a sense of impending dissolution ; and secondly, that the court erred in permitting the defendants to prove gross negligence in the deceased which materially contributed to the injury. The superior court was most clearly correct upon both of these questions.
Dying declarations are only admissible in criminal cases, where the death of the deceased is the…
2Cases cited2 opinions
- Havens v. Hartford & New Haven RailroadSupreme Court of Connecticut · 1859
- Wilson v. BoeremNew York Supreme Court · 1818
3Cited by8 opinions
- Higgins v. Central New England & Western RailroadMassachusetts Supreme Judicial Court · 1892
- Chicago & Calumet Terminal Railway Co. v. Whiting, Hammond & East Chicago Street Railway Co.Indiana Supreme Court · 1894
- State v. NistWashington Supreme Court · 1911
- Merritt v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1894
- Carey v. DaySupreme Court of Connecticut · 1869
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