Legal Opinion

Mulligan v. City of New Britain

Supreme Court of Connecticut

Decided March 23, 1897PublishedCited by 3 opinions

Action to recover damages for personal injuries received through the alleged negligence of the defendant, brought to the Superior Court in Hartford County and heard in damages to the court, Q-eorge W. Wheeler, J.; facts found and judgment rendered for the plaintiff for $1,000, and appeal by the defendant for alleged errors in the rulings of the court.

Read the full summary

Action to recover damages for personal injuries received through the alleged negligence of the defendant, brought to the Superior Court in Hartford County and heard in damages to the court, Q-eorge W. Wheeler, J.; facts found and judgment rendered for the plaintiff for $1,000, and appeal by the defendant for alleged errors in the rulings of the court. The finding of the court showed the following state of facts:— The plaintiff, who was driving a single horse in a covered buggy, had just turned from Park street in the defendant city, into Main street, when the horse, which was more than…

1Opinion of the CourtBaldwin, J.

The finding supports the complaint, for the reasons given in the memorandum of decision of the Superior Court.

The second of the defendant’s claims was properly overruled as presenting no question of law. It was found that the plaintiff exercised what, under the circumstances, was reasonable care, and there is nothing to indicate that any inadequate standard of duty was applied. His knowledge that the horse was afraid of a steam road-roller undoubtedly imposed upon him an obligation to exercise more care than it would be reasonable to expect from ordinary drivers of ordinary horses. But it was…

2Cases cited1 opinion

  1. Rowell v. Stamford Street RailroadSupreme Court of Connecticut · 1894

3Cited by3 opinions

  1. Bushnell v. BushnellSupreme Court of Connecticut · 1925
  2. Smith v. CzescelConnecticut Appellate Court · 1987
  3. State v. Suffield & Thompsonville Bridge Co.Supreme Court of Connecticut · 1909

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API