Hewison v. City of New Haven
Supreme Court of Connecticut
Action on the statute “ concerning highways and bridges,” which gives a right of action for injuries received by means of any defective bridge or road against the town or other corporation which ought to keep the same in repair; brought by the plaintiff as administratrix of James Hewison, deceased, to the superior court in Fairfield county.
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Action on the statute “ concerning highways and bridges,” which gives a right of action for injuries received by means of any defective bridge or road against the town or other corporation which ought to keep the same in repair; brought by the plaintiff as administratrix of James Hewison, deceased, to the superior court in Fairfield county. The declaration was as follows: — “ That on the first day of November, 1864, a certain street and highway in said city of New Haven, and running through, said city, known as Chapel street, which it was the duty of the defendants, under and by force of…
1Opinion of the CourtCarpenter, J.
The law is well settled that an allegation of duty without stating the facts which raise the duty is insufficient. It is equally true that if the facts stated do not raise the duty alleged the allegation of duty is immaterial. Priestly v. Fowler, 3 Mees. & Wels., 1 ; Seymour v. Maddox, 5 Eng. L. &Eq. R. 265 ; Hayden v. Smithville Manufacturing Company, 29 Conn., 548.
In this case the duty alleged has reference solely to the removal of the obstruction or nuisance which caused the injury ; and the character and situation of the nuisance are particularly described in the declaration.' This duty…
2Cases cited4 opinions
- Hayden v. Smithville Manufacturing Co.Supreme Court of Connecticut · 1861
- House v. MetcalfSupreme Court of Connecticut · 1858
- Chidsey v. Town of CantonSupreme Court of Connecticut · 1846
- State v. MooreSupreme Court of Connecticut · 1863
3Cited by66 opinions
- Hill v. City of BostonMassachusetts Supreme Judicial Court · 1877
- Sanzone v. Board of Police CommissionersSupreme Court of Connecticut · 1991
- Hall v. BurnsSupreme Court of Connecticut · 1990
- Baker v. IvesSupreme Court of Connecticut · 1972
- Ferreira v. PringleSupreme Court of Connecticut · 2001
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