Town of Waterbury v. Waterbury Traction Co.
Supreme Court of Connecticut
Action to recover the amount of a judgment rendered against the plaintiff in a suit by one Ashborn for a personal injury sustained by him in the highway, and the expenses incurred in defending such suit, brought originally to the District Court of Waterbury and thence by the defendant’s appeal to the Superior Court in New Haven County and tried to the jury before Thayer, J.; verdict and judgment for the plaintiff for |8,900, and appeal by the defendant for alleged errors in…
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Action to recover the amount of a judgment rendered against the plaintiff in a suit by one Ashborn for a personal injury sustained by him in the highway, and the expenses incurred in defending such suit, brought originally to the District Court of Waterbury and thence by the defendant’s appeal to the Superior Court in New Haven County and tried to the jury before Thayer, J.; verdict and judgment for the plaintiff for |8,900, and appeal by the defendant for alleged errors in the rulings and charge of the court. The substituted complaint, the averments of which the plaintiff claimed to have…
1Opinion of the CourtHall, J.
The questions raised by the demurrer to the complaint can be sufficiently considered in discussing the rulings of the court upon questions of evidence and the charge to the jury.
While it is true that the question of the liability of the Traction Company for the injury to Ashborn was not, and could not properly have been made, an issue in the suit against the town, and that upon that point the present defendant could not he affected by the former judgment, it was still competent for the plaintiff to allege in this action, and to prove by evidence outside of the record in the other suit, that…
2Cases cited14 opinions
- Chicago City v. RobbinsSupreme Court of the United States · 1863
- Columbia & Puget Sound Railroad v. HawthorneSupreme Court of the United States · 1892
- Oceanic Steam Navigation Co. v. Compania Transatlantica EspanolaNew York Court of Appeals · 1892
- Morse v. Minneapolis & St. Louis Railway Co.Supreme Court of Minnesota · 1883
- Inhabitants of Westfield v. MayoMassachusetts Supreme Judicial Court · 1877
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3Cited by27 opinions
- Bushnell v. BushnellSupreme Court of Connecticut · 1925
- Kaplan v. Merberg Wrecking CorporationSupreme Court of Connecticut · 1965
- Sanderson v. Steve Snyder Enterprises, Inc.Supreme Court of Connecticut · 1985
- Astoria v. Astoria & Columbia River R.Oregon Supreme Court · 1913
- Fidelity & Casualty Co. of New York v. Northwestern Telephone Exchange Co.Supreme Court of Minnesota · 1918
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