Boucher v. City of New Haven
Supreme Court of Connecticut
Case, for an injury to the plaintiff, from a defect in a side-walk of the defendant city; brought to the Superior Court in New Haven County and tried to the court on the general issue, before Parle, J. The court found the following facts:— Some time previous to the 19th day of June, 1870, the proper authorities of the city of New Haven directed the proprietor adjoining the place where the injury complained of afterwards occurred, to construct a sidewalk, according to a…
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Case, for an injury to the plaintiff, from a defect in a side-walk of the defendant city; brought to the Superior Court in New Haven County and tried to the court on the general issue, before Parle, J. The court found the following facts:— Some time previous to the 19th day of June, 1870, the proper authorities of the city of New Haven directed the proprietor adjoining the place where the injury complained of afterwards occurred, to construct a sidewalk, according to a certain grade, on the west side of Wallace street, a public street of the city. In fulfillment of this order the proprietor…
1Opinion of the CourtCarpenter, J.
The defendants ordered the construction of a side-walk in one of the streets of the city, and instead of doing the work and assessing the expense upon the adjoining proprietor, permitted the proprietor to do it himself. The work thus ordered necessarily caused an obstruction or defect in the street which rendered it dangerous, and the proprietor neglected to use proper safeguards to prevent accidents. The court below has virtually found that the defendants had no notice of the condition of the side-walk; but it is further found that they did not exercise reasonable supervision over the work…
2Cases cited2 opinions
- Harris v. WeedSupreme Court of Connecticut · 1915
- State Ex Rel. Lynch v. WhitehouseSupreme Court of Connecticut · 1907
3Cited by17 opinions
- Aaronson v. City of New HavenSupreme Court of Connecticut · 1920
- Cummings v. City of HartfordSupreme Court of Connecticut · 1897
- Gellenbeck v. City of MobridgeSouth Dakota Supreme Court · 1918
- MacHado v. City of HartfordSupreme Court of Connecticut · 2009
- Earl v. City of Cedar RapidsSupreme Court of Iowa · 1905
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