Fitch v. City of Hartford
Supreme Court of Connecticut
Action to recover damages for personal injuries alleged to have been caused by the negligence of the defendant in maintaining a defective sidewalk, brought to the Superior Court in Hartford County and tried to the jury before Kellogg, J.; verdict for the plaintiff, which was set aside as against the evidence, and appeal by the plaintiff.
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Action to recover damages for personal injuries alleged to have been caused by the negligence of the defendant in maintaining a defective sidewalk, brought to the Superior Court in Hartford County and tried to the jury before Kellogg, J.; verdict for the plaintiff, which was set aside as against the evidence, and appeal by the plaintiff. This case comes here on plaintiff’s appeal from the action of the court in setting aside the verdict, and on defendant’s bill of exceptions to the charge. Plaintiff’s evidence was that in stepping down from a raised platform which formed a part of the…
1Opinion of the CourtBeach, J.
Whether the city was negligent in permitting a defect of the size and character above described to remain for an indefinite time at the place where it was located, was a question for the jury to determine in view of all the surrounding conditions.
The plaintiff’s story was one which the jury might reasonably believe, and the alleged defect was more than a negligible inequality of surface. Its location and dimensions were definitely ascertained, so that the jury could intelligently pass upon the question whether under all the circumstances of location and travel it was a dangerous defect either…
2Cases cited3 opinions
- Boucher v. City of New HavenSupreme Court of Connecticut · 1873
- Carstesen v. Town of StratfordSupreme Court of Connecticut · 1896
- Cummings v. City of HartfordSupreme Court of Connecticut · 1897
3Cited by9 opinions
- Aaronson v. City of New HavenSupreme Court of Connecticut · 1920
- Equitable Life Assurance Society of United States v. SladeSupreme Court of Connecticut · 1937
- Hickey v. SlatterySupreme Court of Connecticut · 1926
- Morrell v. WileySupreme Court of Connecticut · 1935
- MacHado v. City of HartfordSupreme Court of Connecticut · 2009
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