Legal Opinion

Wilson v. Willimantic Linen Co.

Supreme Court of Connecticut

Decided January 15, 1883PublishedCited by 19 opinions

Civil action for an injury to the plaintiff, an employee of the defendants, by means of defective machinery; brought to the Superior Court in Windham County.

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Civil action for an injury to the plaintiff, an employee of the defendants, by means of defective machinery; brought to the Superior Court in Windham County. The defendants suffered a default and were heard in damages before ILovey, J. The court found the facts and gave its opinion and judgment upon them as follows:— At the time of the injury the defendants were and for some time had been a corporate body, engaged in the business of manufacturing cotton thread and spools by means of machinery operated by water power, and for that purpose employing numerous servants and workmen, in the village…

1Opinion of the CourtPark, C. J.

(After stating the facts.) Upon these facts the question is, do they establish negligence in the defendants, which caused the injury to the plaintiff? If the injury was produced by the combined negligence of both parties the plaintiff cannot recover. He is bound to show that the injury was caused by the negligence of the defendants, which he cannot do if his own negligence contributed to its production. Hence, where a question is made with regard to such contributory negligence of a plaintiff, it is convenient to consider separately the facts with regard to the negligence of each party.

Were…

2Cases cited3 opinions

  1. Ford v. Fitchburg RailroadMassachusetts Supreme Judicial Court · 1872
  2. Railroad Company v. FortSupreme Court of the United States · 1874
  3. Hard v. Vermont & Canada RailroadSupreme Court of Vermont · 1860

3Cited by19 opinions

  1. Indiana Car Co. v. ParkerIndiana Supreme Court · 1885
  2. Perille v. Raybestos-Manhattan-Europe, Inc.Supreme Court of Connecticut · 1985
  3. Taylor v. Evansville & Terre Haute RailroadIndiana Supreme Court · 1889
  4. Eureka Co. v. BassSupreme Court of Alabama · 1886
  5. McElligott v. RandolphSupreme Court of Connecticut · 1891

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