Legal Opinion

Hubbard v. New York, New Haven & Harford Railroad

Supreme Court of Connecticut

Decided June 1, 1898PublishedCited by 9 opinions

Action to recover damages for the destruction of two ice-houses and their contents, claimed to have been set on fire by a locomotive of the defendant, brought to the Superior Court in Middlesex County and heard in damages to the court, Robinson, J.; facts found and judgment rendered for the plaintiff for $2,964, and appeal by each party for alleged errors in the rulings of the court. The case is sufficiently stated in the opinion.

1Opinion of the CourtAndrews, C. J.

There is error on the plaintiff’s appeal. In any case where it is established that a party is entitled to recover damages for an injury done to his property without malice, the quantum of damages is to be computed as of the day the injury was done. In this case, it being conceded by the default that the plaintiff was entitled to have some amount of damages, the only question on which the court could decide was, how much? In respect to the ice, this question could be answered by ascertaining the number of tons there were in the houses on the day the fire took place, and its market price on…

2Cases cited1 opinion

  1. Parrott v. Housatonic RailroadSupreme Court of Connecticut · 1880

3Cited by9 opinions

  1. Gordon v. Indusco Management Corp.Supreme Court of Connecticut · 1973
  2. Baker v. ParadisoSupreme Court of Connecticut · 1933
  3. Toletti v. BidizckiSupreme Court of Connecticut · 1934
  4. Schmidt v. Town of ManchesterSupreme Court of Connecticut · 1918
  5. Neilson v. PerkinsSupreme Court of Connecticut · 1913

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