Allen v. New Haven & Northampton Co.
Supreme Court of Connecticut
Action upon the statute (Gen. Statutes, p. 232, see. 10,) for an injury upon a highway defective from the condition of the track of the defendant railroad company at a crossing ; brought to the Superior Court. The same case was before this court at a former term, (49 Conn. R., 243,) on a motion in error of the defendants from a judgment rendered on a hearing in damages after demurrer overruled.
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Action upon the statute (Gen. Statutes, p. 232, see. 10,) for an injury upon a highway defective from the condition of the track of the defendant railroad company at a crossing ; brought to the Superior Court. The same case was before this court at a former term, (49 Conn. R., 243,) on a motion in error of the defendants from a judgment rendered on a hearing in damages after demurrer overruled. The judgment having been reversed the case was remanded to the Superior Court, where the plaintiff filed a replication to the defendants’ previously filed pleas in bar, to which replication the…
1Opinion of the CourtLoomis, J.
The questions reserved under the pleadings relate to the sufficiency of the declaration and the defendant’s pleas in bar, and their solution depends upon a proper construction of the statute, (Revision of 1875, p. 232, sec. 10,) upon which the action is brought. The statute is as follows:—“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 repair,” * * “ and when the injury is caused by a; structure legally placed on such road by a railroad company, it, and not the party bound to keep the road in repair,…
2Cases cited1 opinion
- Allen v. New Haven & Northampton Co.Supreme Court of Connecticut · 1881
3Cited by1 opinion
- Contino v. Baltimore & Annapolis R. CoCourt of Appeals for the Fourth Circuit · 1949