Legal Opinion

Tompkins v. West

Supreme Court of Connecticut

Decided July 7, 1888PublishedCited by 13 opinions

Action by husband and wife for an injury to the person-of the wife through the negligence of a servant of the defendants ; brought to the Superior Court in New London County and tried to the jury before Phelps, J. Upon the trial the-plaintiffs claimed that Mrs. Tompkins had been internally injured in the chest, and that the injury produced frequent and serious hemorrhages, which had continued to occur at intervals until within a short time, and that before the accident she…

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Action by husband and wife for an injury to the person-of the wife through the negligence of a servant of the defendants ; brought to the Superior Court in New London County and tried to the jury before Phelps, J. Upon the trial the-plaintiffs claimed that Mrs. Tompkins had been internally injured in the chest, and that the injury produced frequent and serious hemorrhages, which had continued to occur at intervals until within a short time, and that before the accident she was generally healthy and strong, and had never had hemorrhages except when she was very ill with typhoid fever a few…

1Opinion of the CourtLoomis, J.

This is a suit to recover damages for a personal injury to Mary Tompkins, wife of the plaintiff John Tompkins, caused by the negligence of the defendants’ servant in the management of a horse and baggage-wagon while being used in the business of the defendants.

• Upon the trial of the case to the jury the plaintiffs claimed that Mrs. Tompkins had been internally injured in the chest, and that the injury produced frequent and serious hemorrhages, and that before the accident she had been generally healthy and strong.

On the part of the defense one of the most prominent claims was, that she could…

2Cases cited1 opinion

  1. Fuller v. Naugatuck RailroadSupreme Court of Connecticut · 1852

3Cited by13 opinions

  1. State v. PambianchiSupreme Court of Connecticut · 1953
  2. Newbury ex rel. Newbury v. Getchel & Martin Lumber & Manufacturing Co.Supreme Court of Iowa · 1896
  3. Byers v. RailroadTennessee Supreme Court · 1895
  4. Richmond Appeal from ProbateSupreme Court of Connecticut · 1890
  5. Ginsberg v. GinsbergSupreme Court of Connecticut · 1939

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