Connecticut Reports; Proceedings in the Supreme Court of the State of Connecticut Volume 74

Connecticut Reports; Proceedings in the Supreme Court of the State of Connecticut Volume 74

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1903 edition. Excerpt: these acts, the servant of the plaintiff or of the defendant. The defendant claimed that an artificial light was necessary at the pan; that it was the plain-tiffs duty to furnish such light; and that when, in response to H's request for such a light the plaintiffs clerk produced a candle and match and gave them to H, the plaintiff thereby recognized his duty to provide a lightand impliedly authorized Hto use the candle as he did. Held that the jury should have been instructed specifi-cally that if all these claims of fact were established, then H, in placing and lighting the candle, was, as matter of law, the servant of the plaintiff; and that general instructions as to the liability of n master for the acts of his servant, although correct, were not suflicient for the guidance of the jury under the peculiar circum-stances of the case. Evidence that the wife of a witness had obtained a divorce from him on the ground of his desertion and total neglect of marital duty, does not tend to prove any such general bad moral character as would or ought to affect his reputation for veracity, and is therefore inadmissible to discredit him. The admission of irrelevant evidence for the purpose of discrediting a material and important witness, especially when the jury are instructed by the court that they are to consider such evidence as tending to discredit him, is reversible error. Argued November 15th, 190l--decided January 9th, 1902. ACTION to recover damages for negligence in setting fire to and burning the plaintiff's store and dwelling-house. and their contents, brought to the Superior Court in New Haven County and tried to the jury before George W. Wheeler, J., verdict and judgment for the plaintifi for $9,178, and appeal by more

Product details

  • Paperback | 308 pages
  • 189 x 246 x 17mm | 553g
  • United States
  • English
  • black & white illustrations
  • 123691953X
  • 9781236919533