Smithwick v. Hall & Upson Co.
Supreme Court of Connecticut
Action for an injury to the plaintiff caused by the negligence of the defendant company; brought to the District Court of Waterbury, and, by appeal from that court, to the Superior Court in New Haven County.
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Action for an injury to the plaintiff caused by the negligence of the defendant company; brought to the District Court of Waterbury, and, by appeal from that court, to the Superior Court in New Haven County. The defendant suffered a default in that court and the case was heard in damages before Fenn, J. Facts'found and damages assessed at one thousand dollars if on the facts the plaintiff was to be regarded as not guilty of contributory negligence, and at nominal damages if he was to be regarded as guilty of such negligence; and the case was reserved upon the facts for the advice of this…
1Opinion of the CourtTobbance, J.
The general question reserved for our advice in this case, is, whether the plaintiff upon the facts found is- entitled to the substantial damages or only to the nominal damages found by the court below.
Inasmuch as that court has expressly found that the negligence of the defendant caused or contributed to the injury for which the plaintiff seeks to recover, the decision of the above general question depends upon this single point, namely, whether the acts and conduct of the plaintiff as set forth upon the record constitute or amount to such contributory negligence on his part as will bar his…
2Cases cited1 opinion
- Stebbins v. Central Vermont RailroadSupreme Court of Vermont · 1882
3Cited by46 opinions
- Nehring v. Connecticut Co.Supreme Court of Connecticut · 1912
- Gilbert v. Burlington, C. R. & N. Ry. Co.Court of Appeals for the Eighth Circuit · 1904
- Kinderavich v. PalmerSupreme Court of Connecticut · 1940
- Pilmer v. Boise Traction Co.Idaho Supreme Court · 1908
- Wheeler v. Oregon Railroad & Navigation Co.Idaho Supreme Court · 1909
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