Gurfein v. Rickard
Supreme Court of Connecticut
Action to recover damages for injuries to four cases of plate glass which the defendant was alleged to have undertaken to transport as a common carrier, brought to the Court of Common Pleas in Fairfield County and tried to the jury before Walsh, J.; verdict and judgment for the plaintiff for $1,790, and appeal by the defendant.
Read the full summary
Action to recover damages for injuries to four cases of plate glass which the defendant was alleged to have undertaken to transport as a common carrier, brought to the Court of Common Pleas in Fairfield County and tried to the jury before Walsh, J.; verdict and judgment for the plaintiff for $1,790, and appeal by the defendant. The complaint alleged that the defendant was a common carrier and negligently failed to transport safely and deliver certain packages of plate glass entrusted to him for that purpose. The second defense admitted that the defendant was a common carrier of certain kinds…
1Opinion of the CourtBeach, J.
The basic question of fact was whether the defendant agreed to transport the glass at all, or whether he simply rented a team, truck and driver to the plaintiff for that purpose. In the latter case the defendant would owe no other duty to the plaintiff than to furnish him a team, truck and driver reasonably suitable for the transportation of plate glass; and since the findings show that the plaintiff made no claim that the team, truck and driver were not suitable for the purpose, the verdict of the jury could not have been for the plaintiff, unless they found, as their verdict indicates, that…
2Cases cited1 opinion
- Jackson v. LacySupreme Court of Connecticut · 1917
3Cited by4 opinions
- Schmeiske v. LaubinSupreme Court of Connecticut · 1929
- Notarfrancesco v. SmithSupreme Court of Connecticut · 1926
- E. B. McGurk, Inc. v. FullerConnecticut Superior Court · 1946
- E. B. McGurk, Inc. v. FullerPennsylvania Court of Common Pleas · 1946