Legal Opinion

Seger v. Town of Barkhamsted

Supreme Court of Connecticut

Decided June 15, 1852PublishedCited by 34 opinions

This was an action upon the statute “ concerning highways and bridges,” brought against the town of Barkhamsted, for injuries suffered by the plaintiff, in his person and property, by reason of a defect in the covering of a bridge in said town, and the want of a railing on the sides thereof. The declaration contained three counts, which were essentially alike.

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This was an action upon the statute “ concerning highways and bridges,” brought against the town of Barkhamsted, for injuries suffered by the plaintiff, in his person and property, by reason of a defect in the covering of a bridge in said town, and the want of a railing on the sides thereof. The declaration contained three counts, which were essentially alike. The third count, which was principally relied on in the argument, substantially averred, that it was the duty of said town, to build, maintain and keep said bridge in good and sufficient repair; that the same was out of repair,…

1Opinion of the CourtStores, J.

On the motion in arrest of judgment,.in this

case, the defendants object, that the declaration is bad, on the ground that, in each count, the injury to the person of the plaintiff is united with the injury to his property : which they claim can not properly be done, because the damages against towns for these several kinds of injury, are given by different sections of the act “ concerning highways and bridges;” damages for the former injury being given by the fifth, and for the other, by the sixth section. This objection should not prevail. The claim of the defendants is, that where, in…

2Cited by34 opinions

  1. Bushnell v. BushnellSupreme Court of Connecticut · 1925
  2. Sloane v. Southern California Railway Co.California Supreme Court · 1896
  3. Orlo v. Connecticut Co.Supreme Court of Connecticut · 1941
  4. Lake Erie & Western Railway Co. v. FixIndiana Supreme Court · 1882
  5. Pegram v. StortzWest Virginia Supreme Court · 1888

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