Upton v. Town of Windham
Supreme Court of Connecticut
Action to recover damages for personal injuries resulting in the death of the plaintiff’s intestate, brought to the Superior Court in Hartford County and heard in damages to the court, Gager, J.; facts found and judgment for the plaintiff for $1,500, and appeal by the defendant. The case is sufficiently stated in the opinion.
1Opinion of the CourtHamerslby, J.
The defendant, having suffered a default, notified the plaintiff that upon the hearing in damages it would offer evidence to disprove the material allegations of the complaint, viz., that the highway in question was defective; that the town had neglected its duty to repair the defect; that the injury to the plaintiff’s intestate was caused by the defect; and also to prove that the injury was due to the contributory negligence of. the plaintiff’s intestate. The burden was on the defendant to disprove the allegations, and to prove the contributory negligence. The trial court has found that the…
2Cases cited1 opinion
- Bartram v. Town of SharonSupreme Court of Connecticut · 1899
3Cited by26 opinions
- White v. BurnsSupreme Court of Connecticut · 1990
- Frechette v. City of New HavenSupreme Court of Connecticut · 1926
- Aaronson v. City of New HavenSupreme Court of Connecticut · 1920
- Porpora v. City of New HavenSupreme Court of Connecticut · 1936
- DeBlasio v. Aetna Life & Casualty Co.Supreme Court of Connecticut · 1982
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