Smith v. Conn. Ry. & Lighting Co.

• Court: Supreme Court of Connecticut
• Writing for the Court: BALDWIN, C. J.
• Citation: 67 A. 888,80 Conn. 268
• Parties: SMITH v. CONNECTICUT RY. & LIGHTING CO.
• Decision Date: 22 October 1907

67 A. 888
80 Conn. 268

SMITH
v.
CONNECTICUT RY. & LIGHTING CO.

Supreme Court of Errors of Connecticut.

Oct. 22, 1907.

67 A. 889

Appeal from Superior Court, Hartford County; Edwin B. Gager, Judge.

Action by Jobn B. Smith's administratrix against the Connecticut Railway & Lighting Company for her decedent's death. There was a hearing in damages after a default. From a judgment for plaintiff, defendant appeals. Affirmed.

Action by the administratrix of the estate of John B. Smith to recover damages for negligence resulting in his death, brought to the superior court for Hartford county, defaulted, and heard in damages before Gager, J., who assessed them at $4,000.

William B. Boardman. for appellant. James E. Cooper, John H. Kirkham, and Arthur W. Upson, for appellee.

BALDWIN, C. J. The plaintiff's intestate was driving an active, long-gaited farm horse in a light wagon on a city street. There was a trolley track on it, so laid that at a point some little distance ahead of him it crossed from the middle to the right-hand side of the street. It was necessary that he should cross the track, in order to keep on the proper side of the road, which for him was the righthand side. A trolley car operated by the defendant was behind him, on a downgrade. The gong was sounding loud and clear. The power was shut off, and the motorman had the car under control by the hand brake. It was running at a speed of from three to five miles an hour. The decedent, when 200 or 300 feet from the place where he lost his life, looked back and saw the car approaching, and it was apparent to him that, at the speed at which it was going, there was plenty of time for him to cross the track in front of it in safety. It must have then been apparent to any one on board the car, who was on the lookout that the decedent was likely to cross the track at any time. The horse was trotting. Shortly after this, without looking again for the car, the intestate turned across the track in a slanting direction; the horse still trotting, but more slowly. When it became apparent from the car that he was about to cross, it was proceeding at the rate of speed before mentioned, and was from 20 to 25 feet behind the rear end of his wagon. By the use of ordinary care the motorman could have brought it to a stop before it had gone 15 feet farther and before reaching the wagon. He was inexperienced, became confused, and negligently and unskillfully released the brake, which had been partly...