Housatonic Railroad v. Waterbury
Supreme Court of Connecticut
This was an action on the case, brought by Uriel Waterbury, against the Housatonic Railroad Company. The declaration contained two counts.
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This was an action on the case, brought by Uriel Waterbury, against the Housatonic Railroad Company. The declaration contained two counts. In the first, it was alleged, that the plaintiff, on the 20th day of May, 1851, at Cornwall, was lawfully possessed, and was the owner of a, certain cow, of the value of thirty-five dollars, and that the defendants, on said day, were in the possession of a certain railroad locomotive, which was under the care, government and direction of a certain servant of the defendants; and that the defendants, by their said servant, so carelessly, negligently and…
1Opinion of the CourtHinman, J.
We have not been able to discover, that any material fact, essential to the plaintiff’s cause of action or right of recovery, has been omitted in the declaration. It states the plaintiff’s ownership of his cow, where she was, and her value, with precision; that the defendants were in possession of a certain railroad locomotive, under the care and government of their servant, and that said servant so carelessly and unskillfully managed it, as to run it against said cow, on a day named, and kill her, by means of which she was lost to the plaintiff. We do not see what more need be said, to make…
2Cited by6 opinions
- Detroit & Milwaukee Railroad v. Van SteinburgMichigan Supreme Court · 1868
- Watts v. Norfolk & W. R.West Virginia Supreme Court · 1894
- Richmond v. Sacramento Valley R.R.California Supreme Court · 1861
- Shaw v. Boston & Worcester RailroadMassachusetts Supreme Judicial Court · 1857
- Gratz v. Lake Erie & Western RailroadOhio Supreme Court · 1907
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