Legal Opinion

Zeigler v. Danbury & Norwalk Railroad

Supreme Court of Connecticut

Decided September 5, 1885PublishedCited by 22 opinions

Action for damages for an injury by reason of the negligence of the defendants in running a train of cars upon their road; brought to the Superior Court in Litchfield County, and tried to the court before Andreios, J. The complaint stated the plaintiff’s cause of action as follows:— That on the 19th day of February, 1883, the plaintiff was an employee of the Shepaug Railroad Company of said state, and was a brakeman in his business for said Shepaug Railroad, and as such…

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Action for damages for an injury by reason of the negligence of the defendants in running a train of cars upon their road; brought to the Superior Court in Litchfield County, and tried to the court before Andreios, J. The complaint stated the plaintiff’s cause of action as follows:— That on the 19th day of February, 1883, the plaintiff was an employee of the Shepaug Railroad Company of said state, and was a brakeman in his business for said Shepaug Railroad, and as such employee was riding on a train of said Shepaug Railroad Company between Danbury and Bethel in said county of Fairfield, over…

1Opinion of the CourtCarpenter, J.

This is an action for damages for injuries received by a collision of two trains on the defendant’s road. The ease comes up on the plaintiff’s appeal from a judgment in favor of the defendant.

The main question discussed is, whether the plaintiff was an employee of the defendant. The defense, however, raises a question of variance, which we will first consider.

The complaint alleges that the “plaintiff was an employee of the Shepaug Railroad Company of sai<^ state, and was a brakeman in his business for said Shepaug Railroad, and as such employee was riding on a train of said Shepaug Railroad…

2Cited by22 opinions

  1. Brady v. Chicago & G. W. Ry. Co.Court of Appeals for the Eighth Circuit · 1902
  2. Morgan v. SmithMassachusetts Supreme Judicial Court · 1893
  3. Pigeon v. LaneSupreme Court of Connecticut · 1907
  4. Berry v. New York Central & Hudson River RailroadMassachusetts Supreme Judicial Court · 1909
  5. Sliwowski v. New York, New Haven & Hartford RailroadSupreme Court of Connecticut · 1920

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