Beers v. Housatonuc Rail-road
Supreme Court of Connecticut
This was an action on the case, to recover damages for injuries done to the plaintiff’s oxen, by the locomotive of the defendants, through the carelessness of their servants.
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This was an action on the case, to recover damages for injuries done to the plaintiff’s oxen, by the locomotive of the defendants, through the carelessness of their servants. The cause was tried, on the general issue, at Fairfield, February term, 1849. @n the trial, the plaintiff introduced evidence to show, that John B. Beers, the son and servant of the plaintiff, was driving fifteen or sixteen head of cattle belonging to the plaintiff, from the East to the West, along a public highway, which crosses the rail-road of the defendants, near the dwelling-house of S. N. Glover, in Newtown ; that…
1Opinion of the CourtStorrs, J.
The first exception taken to the charge below, is, that the court did not instruct the jury, as matter of law, that the facts detailed in the motion, as testified by the plaintiff’s witnesses, and which were not disputed, (and which were only a part of the facts claimed to be proved by the plaintiff,) constituted a want of ordinary and reasonable care on his part. When it is considered, that negligence, or a want of due care, was here the main fact to be ascertained, and that the facts, or more correctly speaking, the circumstances, thus given in evidence, were only evidentiaLof such main…
2Cited by65 opinions
- Detroit & Milwaukee Railroad v. Van SteinburgMichigan Supreme Court · 1868
- Farrell v. Waterbury Horse R. R. Co.Supreme Court of Connecticut · 1891
- Carrico v. West Virginia Cent. & P. R'y Co.West Virginia Supreme Court · 1894
- Clements v. Louisiana Electric Light Co.Supreme Court of Louisiana · 1892
- Daley v. Norwich & Worcester RailroadSupreme Court of Connecticut · 1858
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