Isbell v. New York & New Haven Railroad
Supreme Court of Connecticut
Action on the case for the destruction of certain oxen of the plaintiff, through the negligence of the defendants in running over them with their locomotive and cars. The case was tried to the jury on the general issue with notice. The oxen, at the time of the injury, were at large on the highway, and went upon the railroad track. The fee of the ground occupied by the railroad was owned by the defendants.
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Action on the case for the destruction of certain oxen of the plaintiff, through the negligence of the defendants in running over them with their locomotive and cars. The case was tried to the jury on the general issue with notice. The oxen, at the time of the injury, were at large on the highway, and went upon the railroad track. The fee of the ground occupied by the railroad was owned by the defendants. A by-law of the town of Milford, where the injury occurred, forbade the running of cattle at large—a general statute authorizing such by-law. The plaintiff claimed that they were at large…
1Opinion of the CourtEllsworth, J.
In this case the plaintiff’seeks to recover the value of three oxen, destroyed, as he says, on the defendants’ railroad, by a locomotive carelessly and negligently conducted by the defendants’ servants and agents. The jury by their verdict have found the facts alleged in the declaration to be proved, and, which is essential to the plaintiff’s right of recovery, that there was no co-operating carelessness or negligence.on his part. If this be all that there is in the case, there can be no question that the verdict should stand, and that no new trial should be granted.
But the defendants insist…
2Cases cited4 opinions
- Birge v. GardinerSupreme Court of Connecticut · 1849
- Trow v. Vermont Central RailroadSupreme Court of Vermont · 1852
- Daley v. Norwich & Worcester RailroadSupreme Court of Connecticut · 1858
- Johnson v. PattersonSupreme Court of Connecticut · 1840
3Cited by66 opinions
- Detroit & Milwaukee Railroad v. Van SteinburgMichigan Supreme Court · 1868
- Washington v. B. & O. R. R.West Virginia Supreme Court · 1880
- H. & T. C. R'y Co. v. SympkinsTexas Supreme Court · 1881
- Black v. New York, New Haven, & Hartford Railroad Co.Massachusetts Supreme Judicial Court · 1907
- Nehring v. Connecticut Co.Supreme Court of Connecticut · 1912
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