Fiske v. Forsyth Dyeing, Laundrying & Bleaching Co.
Supreme Court of Connecticut
Action for an injury through the negligent leaving of a pair of horses, attached to a heavy truck, unhitched and unattended in the highway; brought to the Court of Common Pleas in New Haven County and tried to the court before Deming, J. Facts found and judgment rendered for the plaintiff, and appeal by the defendants.
1Opinion of the CourtPark, C. J.
The only error assigned in this case is that the court below held that “upon the facts found the defendants were guilty of negligence in leaving their horses unhitched and unattended in the manner described.” The finding of the court states all the facts with great particularity and the claim is that the court should have held as matter of law that the facts did not constitute a ease of negligence.
But the question of negligence cannot thus be made a question of law. No rule can be established by which negligence can be held to exist in one case and not in another. Negligence is the failure to…
2Cases cited2 opinions
- Park v. O'BrienSupreme Court of Connecticut · 1854
- Dexter v. McCreadySupreme Court of Connecticut · 1886
3Cited by1 opinion
- Peltier v. Bradley, Dann & Carrington Co.Supreme Court of Connecticut · 1895