McCarthy v. Consolidated Railway Co.
Supreme Court of Connecticut
Action to recover damages for personal injuries resulting in the death of the plaintiff’s intestate, brought to and heard hi damages by the Superior Court in New Haven County, Ralph Wheeler, J.; facts found and judgment rendered for nominal damages only, from which the plaintiff appealed.
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Action to recover damages for personal injuries resulting in the death of the plaintiff’s intestate, brought to and heard hi damages by the Superior Court in New Haven County, Ralph Wheeler, J.; facts found and judgment rendered for nominal damages only, from which the plaintiff appealed. The finding showed these facts: The intestate was driving an empty farm wagon across the defendant’s track on Quinnipiac Avenue, in a thinly settled part of the town of New Haven, near Montowese, when the wagon was struck by an electric car, and his death was the result. The accident took place in broad…
1Opinion of the CourtBaldwin, J.
At highway crossings a street car has no paramount right as against any other vehicle approaching on the cross street. The right attaching to each is equal and must be exercised with due regard to that attaching to the other, and so as not to interfere with or abridge it unreasonably. It is not necessarily the duty of the driver of an approaching team to wait until the street car has passed, nor is it necessarily his right to push on and cut off its advance. Each party must act reasonably under all the attending circumstances. The driver of an ordinary vehicle can, under ordinary…
2Cases cited5 opinions
- Lawler, Admr. v. Hartford Street Ry. Co.Supreme Court of Connecticut · 1899
- Rohloff v. Fair Haven & Westville RailroadSupreme Court of Connecticut · 1904
- McCusker v. SpierSupreme Court of Connecticut · 1900
- Adams v. TurnerSupreme Court of Connecticut · 1900
- State v. HunterSupreme Court of Connecticut · 1900
3Cited by10 opinions
- Hynek v. City of SeattleWashington Supreme Court · 1941
- City Bank Trust Co. v. Ruthinian Greek Catholic Ch.Supreme Court of Connecticut · 1925
- Woodhull v. Connecticut Co.Supreme Court of Connecticut · 1924
- Snow v. Coe Brass Manufacturing Co.Supreme Court of Connecticut · 1907
- Capital Transit Co. v. SmallwoodCourt of Appeals for the D.C. Circuit · 1947
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