[DOWNLOAD] "Silva v. Hartford" by Supreme Court of Connecticut ~ Book PDF Kindle ePub Free

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eBook details

• Title: Silva v. Hartford
• Author : Supreme Court of Connecticut
• Release Date : January 23, 1954
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 52 KB

Description

This appeal was taken by the plaintiff from, the court's denial of her motion to set aside a verdict by which the jury found the issues for the defendant. The plaintiff brought her action under 2126 of the General Statutes (as amended, Cum. Sup. 1953, 957c), which provides for the recovery of damages by a person injured by means of a defective road or bridge. She alleged, in her complaint, that her decedent, Bessie Phillips, was injured on May 26, 1951, at about 8 o'clock in the evening, and died on April 29, 1952, as a result of tripping and falling on a defective public sidewalk on Church Street in the city of Hartford. It was claimed that, while walking, her heel caught in a hole in a portion of the sidewalk consisting of a metal frame and several glass inserts. The plaintiff maintained that this defective condition had existed for a long period of time and that the defendant had actual or constructive notice of it. Her contention is that the manifest injustice of the verdict was so plain and palpable as to justify the suspicion that the jury or some of them were influenced by prejudice, corruption or partiality and that, accordingly, it was the duty of the court to set aside the verdict. The plaintiff asserts that all her witnesses were truthful, that there was no reason for not believing them and that, as the defendant offered no evidence to contradict that presented by the plaintiff, the proof of all the essential allegations of the complaint was established. In its answer, the defendant denied many of the allegations of the complaint, including those stating that there was a defective condition in the sidewalk and that the tripping and fall of theplaintiff's decedent was caused by it. When an answer denies several paragraphs of the complaint, in each of which a material fact is alleged, [141 Conn. 128]

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