Earley v. Hall
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 New Haven County and tried to the jury before Burpee, Jverdict and judgment for the defendant, and appeal by the plaintiff. This action was brought by the plaintiff to recover damages for personal injuries sustained while he was a brakeman.
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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 New Haven County and tried to the jury before Burpee, Jverdict and judgment for the defendant, and appeal by the plaintiff. This action was brought by the plaintiff to recover damages for personal injuries sustained while he was a brakeman. The plaintiff alleges in his complaint that his injuries were caused solely by the neglect of the defendant in allowing a piece of timber with a rusty nail to remain in close proximity to the side-track where he,…
1Opinion of the CourtRoraback, J.
Numerous errors are assigned; those which were pursued in argument will receive our consideration.
The court was requested to instruct the jury as follows: “The defendant concedes that the land upon which the extension of the spur-track was built was either owned or controlled by him, and that he allowed the use of it by the railroad company. Under these circumstances a duty to exercise care with reference to the condition of the premises devolved upon the defendant. If the defendant failed to exercise the care with reference to the condition of the premises which an ordinarily careful man…
2Cases cited4 opinions
- Sharkey v. SkiltonSupreme Court of Connecticut · 1910
- Nichols v. PeckSupreme Court of Connecticut · 1898
- McCusker v. SpierSupreme Court of Connecticut · 1900
- Jones v. PercivalMassachusetts Supreme Judicial Court · 1827
3Cited by17 opinions
- Solari Industries, Inc. v. MaladySupreme Court of New Jersey · 1970
- Holt v. WissingerSupreme Court of Connecticut · 1958
- Smith v. MuellnerSupreme Court of Connecticut · 2007
- Zobrist v. CulpCourt of Appeals of Washington · 1977
- Brendel v. Public Service Elec. and Gas Co.New Jersey Superior Court Appellate Division · 1953
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