Carey v. Day
Supreme Court of Connecticut
Action on the 544th section of the statute with regard to corporations, (Gen. Statutes, page 202,) which provides that in case the life of any passenger on a railroad or person crossing the same upon a public highway, who is in the exercise of reasonable care, shall be lost by the negligence of the railroad company, the company shall be liable to pay damages not exceeding five thousand dollars and not less than one thousand dollars, to be recovered by the executor or…
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Action on the 544th section of the statute with regard to corporations, (Gen. Statutes, page 202,) which provides that in case the life of any passenger on a railroad or person crossing the same upon a public highway, who is in the exercise of reasonable care, shall be lost by the negligence of the railroad company, the company shall be liable to pay damages not exceeding five thousand dollars and not less than one thousand dollars, to be recovered by the executor or administrator in an action on the statute, for the benefit of the husband or widow and heirs of the deceased. The suit was…
1Opinion of the CourtHinman, C. J.
On the overruling of the demurrer in this case there was a hearing in damages for a fatal injury received by the plaintiff’s intestate while crossing the defendants’ railroad upon the public highway. The defendants, for the purpose of reducing the damages, offered evidence tending to prove the want of reasonable care on the part of the intestate which contributed to his injury, and also that there was no negligence on the part of the defendants in the management or running of their train at the time; which evidence was received, notwithstanding the plaintiff’s objection.
This ruling of the…
2Cases cited3 opinions
- Lamphear v. BuckinghamSupreme Court of Connecticut · 1866
- Havens v. Hartford & New Haven RailroadSupreme Court of Connecticut · 1859
- Daily v. New York & New Haven RailroadSupreme Court of Connecticut · 1865
3Cited by5 opinions
- Higgins v. Central New England & Western RailroadMassachusetts Supreme Judicial Court · 1892
- Merritt v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1894
- Crane v. Eastern Transportation LineSupreme Court of Connecticut · 1880
- Batchelder v. BartholomewSupreme Court of Connecticut · 1877
- Batchelder v. BartholomewSupreme Court of Connecticut · 1877