Bennett v. New York, New Haven & Hartford Railroad
Supreme Court of Connecticut
Action to recover for an injury from the negligence of the defendant company; brought to the Superior Court in New Haven County. The defendant demurred to the complaint, the demurrer was overruled, and the case was heard in damages before Fern, J. Facts found and nominal damages assessed. The plaintiff appealed. The case is fully stated in the opinion. Where facts are undisputed negligence is a question of law.
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Action to recover for an injury from the negligence of the defendant company; brought to the Superior Court in New Haven County. The defendant demurred to the complaint, the demurrer was overruled, and the case was heard in damages before Fern, J. Facts found and nominal damages assessed. The plaintiff appealed. The case is fully stated in the opinion. Where facts are undisputed negligence is a question of law. Dascomb v. Buffalo & State Line R. R. Co., 27 Barb., 221; Halpin v. Third Av. R. R. Co., 8 Jones & Sp., 175; Rudolphy v. Fuchs, 5 Alb. L. Jour., 201; Kellogg v. Curtis, 65 Maine, 59;…
1Opinion of the Court
Carpenter J.
This is an action for damages sustained by falling from the platform of the depot at the defendant’s station at Yatesville. The defendant suffered a default and was heard on the question of damages. The Superior Court *425found that the plaintiff was guilty of contributory negligence and assessed nominal damages only. The plaintiff appealed.
The facts, briefly stated, are these:—The plaintiff lived near the station, which was at a small village, and arrived there in the evening on one of the defendant’s trains. The station agent had left and there was no light in the depot except one…
2Cases cited2 opinions
- Nolan v. New York, New Haven & Hartford RailroadSupreme Court of Connecticut · 1885
- Dyson v. New York & New England RailroadSupreme Court of Connecticut · 1888
3Cited by8 opinions
- Altman v. AronsonMassachusetts Supreme Judicial Court · 1919
- Tuten v. Atlantic Coast Line RailroadCourt of Appeals of Georgia · 1908
- Missouri, K. & T. Ry. Co. v. TurleyCourt of Appeals for the Eighth Circuit · 1898
- M., K. & T. Railway Co. v. TurleyCourt Of Appeals Of Indian Territory · 1896
- Stamp v. Eastern Ry. Co. of New MexicoCourt of Appeals of Texas · 1913
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