71 A. 356 (Conn. 1908), Currie v. Consolidated Ry. Co.

Citation:71 A. 356, 81 Conn. 383
Opinion Judge:BALDWIN, C.J.
Party Name:CURRIE v. CONSOLIDATED RY. CO.
Attorney:George E. Beers and Frank S. Bishop, for appellant. Harry G. Day and Thomas M. Steele, for appellee.
Case Date:December 18, 1908
Court:Supreme Court of Connecticut
 
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Page 356

71 A. 356 (Conn. 1908)

81 Conn. 383

CURRIE

v.

CONSOLIDATED RY. CO.

Supreme Court of Errors of Connecticut.

December 18, 1908

Appeal from Court of Common Pleas, New Haven County; William L. Bennett, Judge.

Action by David E. Currie against the Consolidated Railway Company for the loss of a wagon. From a judgment for defendant entered on a directed verdict, plaintiff appeals. Error found, and new trial ordered.

George E. Beers and Frank S. Bishop, for appellant.

Harry G. Day and Thomas M. Steele, for appellee.

BALDWIN, C.J.

The plaintiff introduced evidence tending to prove these facts: He

Page 357

keeps a livery stable in New Haven, and one Munson had been in his employ for a year or two as a driver of a coupé. About 2 o'clock on April 26, 1906, Munson hired from the stable a light " runabout" wagon containing but one seat, to which he hitched one of the plaintiff's horses, and drove off. About nine hours later the wagon was struck in the rear and wrecked by an electric car of the defendant. The place of the collision was on Dixwell avenue about four miles from the center of the city in a comparatively thinly settled part of Hamden. The avenue at this place was level, and ran straight north and south for a considerable distance in each direction. The middle was macadamized for a width of 19 feet. West of this came a strip 16 feet wide, on which some grass was growing. Immediately east of it was the single-track railway of the defendant. The car was a long and heavy one, equipped with air brakes and having [81 Conn. 385]a single bulb, incandescent electric headlight, which enabled the motorman to see an object in front for a distance of but about 25 or 30 feet. There were no passengers on board. No gong was sounded before the collision. That was attended by a loud crash. The night was a clear, starlight one. When the car was brought to a stop after the collision, Munson's body lay bleeding on the macadam pavement, and 10 or 12 feet west of the middle of the car. The horse had disappeared. There were impressions on the earth between the railway tracks indicating that the wagon had been driven northwards for a distance of about 130 feet, with its right wheel half way between the rails, before reaching the point where the collision took place. The pressure of air in the brakes of the car was about 60 or 70 pounds.

One of the plaintiff's...

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