Fritts v. N.Y. & N. E. R. Co.

• Decision Date: 06 March 1893
• Court: Connecticut Supreme Court
• Parties: FRITTS v. NEW YORK & N. E. R. CO.

26 A. 347

62 Conn. 503

FRITTS

v. NEW YORK & N. E. R. CO.

Supreme Court of Errors of Connecticut.

March 6, 1893.

Appeal from district court of Watenbury.

Action by Fritts against the New York & New England Railroad Company to recover for injuries to his horses and carriage sustained through defendant's negligence. There was judgment for plaintiff in a less sum than he thought he was entitled to, and both parties appeal. Reversed.

Waterbury is situated in New Haven county, and Bridgeport in Fairfield county.

J. O. Niel, for plaintiff.

E. W. Bobbins, for defendant.

FENN, J. In this action, the plaintiff having in the district court of Waterbury obtained judgment for a less sum than be claimed to be entitled to, both parties appealed to this court; the plaintiff's appeal being taken to the next term of this court "to be holden at Bridgeport, within and for the third judicial district, and the defendant's appeal to the next term to be held at Hartford." The defendant thereupon moved, in this court, that the plaintiff's appeal be struck from the docket. By agreement, this motion was argued with the appeals, and the decision reserved.

We think the motion should not be allowed. Gen. St. § 1129, provides for the taking of appeals "to the supreme court of errors next to be held in the judicial district or county where the judgment was rendered." At the close of this section there is a provision that appeals from the district court of Waterbury "may be taken to the supreme court of errors sitting at New Haven or Hartford." The plain object of this provision was not to limit the right of appeal previously given, but to extend it to include a place without the judicial district or county in case of appeal from the district court of Waterbury. When, therefore, by chapter 141, Pub. Acts 1889, the counties of New Haven and Fairfield were united in one judicial district, it ought not to be held that a party to a judgment rendered in the district court of Waterbury was thereby deprived of his right to appeal to the next term of this court in the judicial district or county where the judgment was rendered, simply for the reason that, by the merging of the two counties into one district, the next term for the county was by law to be held elsewhere in the district. We think the appeal was properly taken.

Coming, then, to the case, it appears from the finding that the plaintiff, a hackman, being, as was his custom, with a carriage and horses which he owned and used, at the defendant's passenger station in Waterbury, waiting the arrival of the train, hearing that the train was late, left his carriage in the usual place designated for that purpose by the defendant, requesting another hack driver to look after it, and went into the depot to procure a lunch. While he was absent the horses became frightened, owing, as was claimed, to the fault of the defendant, and ran away, causing injury to the horses and to the carriage. The defendant's appeal contains two reasons: Error on the facts found, in holding that the conduct of the defendant amounted to negligence; and error in failing to find the plaintiff chargeable with contributory negligence. We think that, applying the principles and tests stated by this court in Nolan v. Railroad Co., 53 Conn. 461, 4 Atl. Rep. 106, and in Farrell v. Railroad Co., 60 Conn. 239, 21 Atl. Rep. 675, and 22 Atl. Rep. 544, the finding of the court on both points must be held one of fact, which is conclusive, and cannot be reviewed. In reference to the defendant's negligence, it is found that the engineer of a switcher, in the performance of his duty, ran it down to a point nearly opposite the depot platform, in front of which the plaintiff's and other hackmen's teams were standing. He then blew four short blasts of the whistle, to call in the flagmen. The four blasts were exceedingly and unusually loud and shrill, frightening most, if not all, the horses, accustomed as they were to the cars and to standing at the...