Freedman v. New York, New Haven & Hartford Railroad
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 New Haven County and tried to the jury before George W. Wheeler, J.; verdict and judgment for the defendant, and appeal by the plaintiff. The plaintiff’s intestate, Louis Freedman, was struck and killed by a train of the defendant on its Northampton Division at a grade-crossing on Brewster Street in the city of New Haven.
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Action to recover damages for personal injuries resulting in the death of the plaintiff’s intestate, brought to the Superior Court in New Haven County and tried to the jury before George W. Wheeler, J.; verdict and judgment for the defendant, and appeal by the plaintiff. The plaintiff’s intestate, Louis Freedman, was struck and killed by a train of the defendant on its Northampton Division at a grade-crossing on Brewster Street in the city of New Haven. At the place of the accident the tracks of the Northampton Division run generally north and south, and cross Brewster Street, an unpaved…
1Opinion of the CourtHall, J.
The contention of the plaintiff, that the court instructed the jury, by" the language of the first three lines of paragraph 4 of the charge as above numbered, that the engineer owed no other duty to the plaintiff than to ring the bell, cannot be supported. It is clear from the context that in the statement complained of the court referred to the general statutory warnings. In the same paragraph the court said it was the duty of the engineer to keep a “vigilant outlook for travelers upon the highway at or near the crossing, so as to avoid injury to them”; and in paragraph 7 that it was…
2Cases cited20 opinions
- Walker v. New Mexico & Southern Pacific RailroadSupreme Court of the United States · 1897
- NUDD v. Burrows, AssigneeSupreme Court of the United States · 1875
- Chicago & Northwestern Railway Co. v. DunleavyIllinois Supreme Court · 1889
- First National Bank v. PeckSupreme Court of Kansas · 1871
- Dyson v. New York & New England RailroadSupreme Court of Connecticut · 1888
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3Cited by41 opinions
- Blanchette v. BarrettSupreme Court of Connecticut · 1994
- Ubysz v. DiPietroSupreme Court of Connecticut · 1981
- Viera v. CohenSupreme Court of Connecticut · 2007
- West Haven Sound Development Corp. v. City of West HavenSupreme Court of Connecticut · 1988
- Holbrook v. CasazzaSupreme Court of Connecticut · 1987
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