McEvoy v. City of Waterbury
Supreme Court of Connecticut
. Action to recover damages for personal injuries to the plaintiff’s intestate alleged to have been caused by the negligence of the defendants, brought to the Superior Court in New Haven County and tried to the jury before Bennett, J.; verdict and judgment for the plaintiff for $1,200 as against the defendant city of Waterbury, and in favor of the other defendants, from which said city appealed.
1Opinion of the CourtWheeler, J.
The plaintiff’s intestate was injured on July 15th, 1915, by falling over a telegraph pole which lay in the gutter near the curb of a sidewalk in a street of the defendant city of Waterbury.
The city supports its assignment of error for the denial of its motion to set aside the verdict against it, principally upon the ground that the plaintiff’s intestate, by her own negligence, materially contributed to her injuries, since she should, in the exercise of reasonable care, have known of the existence of the pole and safely passed over it.
There was evidence from which the jury might reasonably…
2Cases cited6 opinions
- Hull v. ThomsSupreme Court of Connecticut · 1910
- Inhabitants of Veazie v. Penobscot RailroadSupreme Judicial Court of Maine · 1860
- Ashley v. Lehigh & Wilkes-Barre Coal Co.Supreme Court of Pennsylvania · 1911
- City of Lincoln v. First National BankNebraska Supreme Court · 1903
- City of Louisville v. O'DonaghueCourt of Appeals of Kentucky · 1914
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3Cited by18 opinions
- American Oil Co. v. ValentiSupreme Court of Connecticut · 1979
- Grothe Ex Rel. Grothe v. ShafferSupreme Court of Minnesota · 1975
- R.A. Civitello Co. v. City of New HavenConnecticut Appellate Court · 1986
- Fruehauf Trailer Co. v. GilmoreCourt of Appeals for the Tenth Circuit · 1948
- Protter v. Brown Thompson & Co.Connecticut Appellate Court · 1991
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