Legal Opinion

Currelli v. Jackson

Supreme Court of Connecticut

Decided August 12, 1904PublishedCited by 8 opinions

Action for damages for personal injuries alleged to have been caused by defendant’s negligence in furnishing defective dynamite to be used by plaintiff, brought to the Superior Court in Fairfield County and tried to the jury before Gager, J.; verdict and judgment for plaintiff, and appeal by defendant.

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Action for damages for personal injuries alleged to have been caused by defendant’s negligence in furnishing defective dynamite to be used by plaintiff, brought to the Superior Court in Fairfield County and tried to the jury before Gager, J.; verdict and judgment for plaintiff, and appeal by defendant. The complaint alleges that the defendant was a contractor engaged in the work of repairing certain highways, and that the plaintiff, while in his employ, was injured by the explosion of dynamite which the plaintiff, in the exercise of due care and under the orders of the defendant, was loading…

1Opinion of the CourtHall, J.

One of the reasons of appeal assigned is, that the trial judge erred in instructing the jury that under the allegation of the complaint the plaintiff was not required to prove that the defendant “ as a matter of fact ” knew of the dangerous condition of the dynamite; that the defendant was “chargeable with the knowledge of the ordinarily prudent and careful man in handling a dangerous substance like dynamite, and is (was) chargeable with the knowledge of its varying qualities and dangers under conditions as they are likely to occur in ordinary use; provided however, that those changes and…

2Cases cited8 opinions

  1. Hayden v. Smithville Manufacturing Co.Supreme Court of Connecticut · 1861
  2. Evansville & Terre Haute Railroad v. DuelIndiana Supreme Court · 1893
  3. Broschart v. TuttleSupreme Court of Connecticut · 1890
  4. Lake Erie & Western Railroad v. McHenryIndiana Court of Appeals · 1894
  5. Peters v. GoodrichSupreme Court of Connecticut · 1819

3 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. Baltimore & Ohio Southwestern Railroad v. BurtchSupreme Court of the United States · 1924
  2. Toffolon v. Zoning Board of AppealsSupreme Court of Connecticut · 1967
  3. Elie v. C. Cowles & Co.Supreme Court of Connecticut · 1909
  4. Kane v. New Idea Realty Co.Supreme Court of Connecticut · 1926
  5. Murphy v. OssolaSupreme Court of Connecticut · 1938

3 more not listed; retrieve them via the Exa API.

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