Connecticut Reports; Proceedings in the Supreme Court of the State of Connecticut Volume 81

Connecticut Reports; Proceedings in the Supreme Court of the State of Connecticut Volume 81

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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. 1909 edition. Excerpt: ...was bound to know of the presence of the poison, and that, so far as appeared, the plaintiff's means of knowing it were as good as the defendant's. In the case before us it appears sufiiciently clear from the averments of the complaint that the defendant knew of the unsafe conditions described, and of the plaintiff's inexperience, and that the boy, seventeen years old, who had worked on the machine but a few days and that without adequate instructions, had not the knowledge or means of knowledge possessed by the defendant, of the danger of the work which he was directed to perform. Assuming that the defendant might upon the hearing in damages have availed itself of a legal discharge from all liability, the trial court properly treated the release presented in evidence by the defendant as invalid. The infancy of the plaintiff, his ignorance of the English language, and the circumstances under which the release was procured, were suflicient reasons for setting it aside. As it was presented upon a hearing in damages, the plaintiff was not required to plead its invalidity, and as the payments by the defendant of plaintiff's wages and a part of his hospital bills are found to have been voluntary and not made under any agreement of settlement, it was not necessary to make the return of the sum so paid a condition to the annulment of the discharge. The defendant was not prejudiced by the exclusion of the question asked the plaintiff's father on cross-examination, whether he did not understand that if Mr. Askam paid certain bills and did certain things, that would settle the case, since the witness afterward answered practically the same question. Whether the next question, "What did you suppose he was more

Product details

  • Paperback | 286 pages
  • 189 x 246 x 15mm | 513g
  • United States
  • English
  • black & white illustrations
  • 1236983092
  • 9781236983091