Clara Turner Co. v. New York, New Haven & Hartford Railroad
Supreme Court of Connecticut
Actions to recover damages for injury to plaintiffs’ goods by fire while in the defendant’s car, brought to and tried by the Superior Court in New Haven County, Burpee,./.; facts found and judgments rendered for the plaintiffs for $7,595, and appeals by the defendant. The plaintiff, the Clara Turner Company, is a traveling theatrical company, of which the plaintiff in the second case is the principal actress.
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Actions to recover damages for injury to plaintiffs’ goods by fire while in the defendant’s car, brought to and tried by the Superior Court in New Haven County, Burpee,./.; facts found and judgments rendered for the plaintiffs for $7,595, and appeals by the defendant. The plaintiff, the Clara Turner Company, is a traveling theatrical company, of which the plaintiff in the second case is the principal actress. The record in the first case is the only printed one before us; the parties having stipulated that the judgment rendered by this court upon the appeal in that case shall also be rendered…
1Opinion of the CourtHall, C. J.
The complaint contains no averment of negligence upon the part of the defendant in any capacity. The finding shows no offer of proof of negligence. The sole ground of the alleged liability of the defendant is that, at the time of the fire, the goods were in its possession as a common carrier. The averment of paragraph four of the complaint is that, ‘ ‘ while said property was in the possession of said defendant as common carrier,” said property was destroyed. In order to recover in this action, the plaintiff was required to prove this averment. The trial court held that it had been proved.…
2Cases cited8 opinions
- Barron v. EldredgeMassachusetts Supreme Judicial Court · 1868
- Murray v. International Steamship Co.Massachusetts Supreme Judicial Court · 1898
- O'Neill v. . N.Y. Cen. H.R.R.R. Co.New York Court of Appeals · 1875
- Basnight v. Atlantic & North Carolina RailroadSupreme Court of North Carolina · 1892
- Kansas City, M. & O. Ry. Co. v. CoxSupreme Court of Oklahoma · 1910
3 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- National Importing & Trading Co. v. E. A. Bear & Co.Illinois Supreme Court · 1927
- Shore v. New York, New Haven & Hartford RailroadSupreme Court of Connecticut · 1923
- Fort Worth & D. C. Ry. Co. v. TomsonCourt of Appeals of Texas · 1923
- Behrman v. A.C.L.R. R. Co.Supreme Court of South Carolina · 1921
- Curtis Tire & Rubber Co. v. Goodrich Transit Co.Michigan Supreme Court · 1925
1 more not listed; retrieve them via the Exa API.