Cunningham, Admx. v. Fair Haven Westville R. Co.
Supreme Court of Connecticut
Action to recover damages for personal injuries resulting in the death of the plaintiff’s intestate, brought to the Superior Court in Hew Haven County and tried to the jury before Shumway, J.; verdict and judgmentfor the plaintiff for $ 1,000 damages, and appeal by the defendant for alleged errors in the rulings of the court. The plaintiff is administratrix on the estate of Archie Cunningham, deceased.
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Action to recover damages for personal injuries resulting in the death of the plaintiff’s intestate, brought to the Superior Court in Hew Haven County and tried to the jury before Shumway, J.; verdict and judgmentfor the plaintiff for $ 1,000 damages, and appeal by the defendant for alleged errors in the rulings of the court. The plaintiff is administratrix on the estate of Archie Cunningham, deceased. The defendant owns and operates a street railroad in the town of New Haven, running through Chapel street. The defendant is required by its charter “ to keep that portion of the streets and…
1Opinion of the CourtHameksley, J.
The testimony of Louise C. Willman as to the condition of the road at places other than the place of accident, was inadmissible. Possibly in view of the charge of the court the error did not injure the defendant.
There was no error in admitting the testimony of Joseph Euhrick; the existence of the defect for some time prior to the accident tended to establish negligence in failure to repair.
The objection to the question put to the witness McEvoy, certainly in view of his answer, was immaterial; and the objection to the question put to the witness Webber was captious.
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2Cases cited11 opinions
- United States v. PerezSupreme Court of the United States · 1824
- Nolan v. New York, New Haven & Hartford RailroadSupreme Court of Connecticut · 1898
- Hynes v. . McDermottNew York Court of Appeals · 1880
- Eborn v. ZimpelmanTexas Supreme Court · 1877
- Dyson v. New York & New England RailroadSupreme Court of Connecticut · 1888
6 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
- Waldron v. RaccioSupreme Court of Connecticut · 1974
- State v. MurphySupreme Court of Connecticut · 1938
- State v. SwintonSupreme Court of Connecticut · 2004
- Higgins v. Arizona Savings and Loan AssociationArizona Supreme Court · 1961
- In Re Application of GriffithsSupreme Court of Connecticut · 1972
25 more not listed; retrieve them via the Exa API.