Brockett v. Fair Haven & Westville Railroad
Supreme Court of Connecticut
Action to recover damages for personal injuries resulting from a collision claimed to have been caused by the defendants’ negligence, brought to the Superior Court in New Haven County and heard in damages to the court, Thayer, J. ; facts found and judgment rendered for the plaintiff for §500 damages, and appeal by the Manufacturers Railroad Company only, for alleged errors in the rulings of the court.
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Action to recover damages for personal injuries resulting from a collision claimed to have been caused by the defendants’ negligence, brought to the Superior Court in New Haven County and heard in damages to the court, Thayer, J. ; facts found and judgment rendered for the plaintiff for §500 damages, and appeal by the Manufacturers Railroad Company only, for alleged errors in the rulings of the court. In this court the appellee filed a motion to dismiss the appeal and also a plea in abatement. The accident occurred at a grade-crossing, through the collision of two railway cars operated…
1Opinion of the CourtHamerslby, J.
The plaintiff’s motion to amend her plea in abatement is denied. Such pleas are entitled to little favor from a court (Green v. New London, etc., Soc., 32 Conn. 95, 96), especially from this court, where they can seldom serve any purpose but to deprive an appellant, permanently, of his rights on a mere technicality. The law of amendments applies to these pleas; but the right to amend must in this court be exercised on or before its second opening. After that time the allowance of an amendment is a matter of discretion, which would hardly be exercised favorably unless it were apparent that the…
2Cases cited7 opinions
- Fuller v. Naugatuck RailroadSupreme Court of Connecticut · 1852
- Park v. O'BrienSupreme Court of Connecticut · 1854
- Murphy v. Derby Street Railway Co.Supreme Court of Connecticut · 1900
- Chapin v. BabcockSupreme Court of Connecticut · 1896
- Lord v. RussellSupreme Court of Connecticut · 1894
2 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Veits v. City of HartfordSupreme Court of Connecticut · 1948
- Smith v. FurnessSupreme Court of Connecticut · 1933
- Wexler Construction Co. v. Housing AuthoritySupreme Court of Connecticut · 1956
- Sparrow v. BromageSupreme Court of Connecticut · 1910
- Chicago, R. I. & P. Ry. Co. v. McIntireSupreme Court of Oklahoma · 1911
17 more not listed; retrieve them via the Exa API.