Havens v. Hartford & New Haven Railroad
Supreme Court of Connecticut
Action on the case, for injuries sustained by the plaintiff as a passenger in the cars of the defendants, by means of their negligence and of the wrongful acts of their servants.
Read the full summary
Action on the case, for injuries sustained by the plaintiff as a passenger in the cars of the defendants, by means of their negligence and of the wrongful acts of their servants. The declaration contained fo.ur counts, the first of which was as follows: In a plea of the case, whereupon the plaintiff declares and says, that on the first day of November, 1855, and for a long time before, the defendants were the proprietors of a certain railroad, a part of which runs from said New Haven northward to the town of Berlin and thpnce eastward to the city of Middletown, in said state, and were also in…
1Opinion of the CourtEllsworth, J.
We will dispose of the minor questions presented by the record, and then consider the one which has chiefly occupied the attention of counsel.
The defendants have demurred to the declaration - as insufficient-on -its face. They say, in the first place, that there is duplicity in each of the first two counts, there being, as they claim, distinct injuries alleged in each, one to the person of the plaintiff and one-to-his tool chest. I think there is nothing in this objection, for, in the first place, duplicity in pleading is reached *71only by special demurrer, and the demurrer is a general one in…
2Cases cited10 opinions
- Holly v. BrownSupreme Court of Connecticut · 1841
- Parker v. HotchkissSupreme Court of Connecticut · 1856
- Williams v. MinerSupreme Court of Connecticut · 1847
- Harlan v. PeopleMichigan Supreme Court · 1843
- Bates v. LoomisNew York Supreme Court · 1830
5 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Hope Mutual Insurance v. PerkinsNew York Court of Appeals · 1868