Martin v. Sherwood, Receiver
Supreme Court of Connecticut
Action to recover damages for personal injuries claimed to have been caused by a defective highway bridge over a railroad track, brought to the Superior Court in Litchfield County where the demurrer of the town of Winchester to the receiver’s cross-complaint was sustained (George W. Wheeler, Ji), and the issues between the other parties were tried to the jury before Shumway, J.; verdict and judgment for the plaintiff to recover $500 damages of the receiver, and judgment for…
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Action to recover damages for personal injuries claimed to have been caused by a defective highway bridge over a railroad track, brought to the Superior Court in Litchfield County where the demurrer of the town of Winchester to the receiver’s cross-complaint was sustained (George W. Wheeler, Ji), and the issues between the other parties were tried to the jury before Shumway, J.; verdict and judgment for the plaintiff to recover $500 damages of the receiver, and judgment for the town to recover its costs of the receiver, and appeal by the latter for alleged errors in the rulings and charge of…
1Opinion of the CourtHall, J.
The demurrer to the complaint was properly overruled. The complaint alleges that the accident was caused by the fact that, through the negligence of the defendant in failing to maintain and keep in repair a bridge or structure over the tracks of the defendant’s railroad in the town of Winchester, the planking upon the surface of the bridge was so worn out and decayed as to be dangerous to public travel.
Section 2673 of the General Statutes provides that “ any person injured in person or property by means of a defective road or bridge may recover damages from the party bound to keep it in…
2Cases cited5 opinions
- Darrigan v. New York & New England RailroadSupreme Court of Connecticut · 1885
- Wilson v. Town of GranbySupreme Court of Connecticut · 1879
- Williams v. Great Northern Railway Co.Supreme Court of Minnesota · 1897
- Keller v. Town of GilmanWisconsin Supreme Court · 1896
- Rowland v. Philadelphia, Wilmington & Baltimore RailroadSupreme Court of Connecticut · 1893
3Cited by8 opinions
- State v. DanielsSupreme Court of Connecticut · 1980
- Johnson v. ToscanoSupreme Court of Connecticut · 1957
- Woodward v. City of WaterburySupreme Court of Connecticut · 1931
- Brown v. BlauveltSupreme Court of Connecticut · 1964
- Gilmore v. American Tube & Stamping Co.Supreme Court of Connecticut · 1907
3 more not listed; retrieve them via the Exa API.