Nugent v. New Haven Street Railway Co.
Supreme Court of Connecticut
Action to recover damages for personal injuries claimed to have been caused by the defendant’s negligence, brought to the Superior Court in New Haven County and heard in damages to the court, Elmer, J.; facts found and judgment rendered for the plaintiff for iiominal damages only, and appeal by him for alleged errors in the rulings and findings of the court.
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Action to recover damages for personal injuries claimed to have been caused by the defendant’s negligence, brought to the Superior Court in New Haven County and heard in damages to the court, Elmer, J.; facts found and judgment rendered for the plaintiff for iiominal damages only, and appeal by him for alleged errors in the rulings and findings of the court. In this court the appellant, having obtained permission, filed a motion for an order in the nature of mandamus, requiring the trial judge to certify the evidence and to mark the paragraphs of the proposed finding as “ proven ” or “ not…
1Opinion of the CourtAndrews, C. J.
The plaintiff claimed to recover damages for an injury he had received by the negligence of the defendant while a passenger on one of its cars. The defendant suffered a default and there was a hearing in damages. The court found and held that the plaintiff was himself guilty of negligence which contributed to his injury, and rendered judgment for nominal damages only. The plaintiff appealed.
We assume that upon the hearing the plaintiff proved that he had received substantial damages. The default admitted his right, prima facie, to recover such damages ; and unless the defendant made it appear…
2Cases cited2 opinions
- Smithwick v. Hall & Upson Co.Supreme Court of Connecticut · 1890
- Fox v. Town of GlastenburySupreme Court of Connecticut · 1860
3Cited by10 opinions
- Kinderavich v. PalmerSupreme Court of Connecticut · 1940
- Hinch v. ElliottSupreme Court of Connecticut · 1934
- Montambault v. Waterbury & Milldale Tramway Co.Supreme Court of Connecticut · 1923
- Snow v. Coe Brass Manufacturing Co.Supreme Court of Connecticut · 1907
- Kryger v. PanaszySupreme Court of Connecticut · 1937
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