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eBook details

• Title: Plouffe v. New York
• Author : Supreme Court of Connecticut
• Release Date : January 03, 1971
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 57 KB

Description

This action was brought in five counts. The first two were directed against the town of East Hampton and we are not concerned with them on this appeal. The third and fourth counts were directed against the named railroad defendant and its trustees in reorganization. The fifth count was directed against The Penn Central Company which, it was alleged, had assumed the obligations and liabilities of the New Haven Railroad. The third count alleged that the New Haven Railroad trustees were charged with the duty of operating that railroad, that as trustees they "owned, controlled, maintained and operated" a railroad which passed under Flat Brook Road, a public highway in East Hampton, that some time prior to April 27, 1968, they caused a wooden bridge "to be legally placed upon" that road in order to maintain and operate the railroad and allow vehicles to cross the road, that on and for a long time prior to that date they were charged with the proper care, maintenance "and/or" repair of the bridge and that on April 27, 1968, the plaintiff was operating a truck across the bridge when it collapsed, causing injuries to him. It is also [160 Conn. 484] alleged that the bridge was then and, for a long time prior thereto had been, in a dangerous and defective condition and that the defendant trustees knew or should have known of the condition and neglected to remedy the defective condition. It is further alleged that the collapse of the bridge and the plaintiff's injuries were due to the negligence and carelessness of the defendant trustees, their agents, servants "and/or" employees in that they caused, allowed, "and/or" permitted the bridge to be constructed and maintained in a defective, unsafe and dangerous manner, in that they maintained it so that it was a trap and inherently dangerous to users, and in that they failed to inspect, repair and maintain the bridge in a safe condition and warn members of the public of the dangerous and hazardous conditions. The fourth count, directed against the New Haven Railroad only, incorporated the general allegations of the third count with respect to the condition of the bridge and the duties and actions of the trustees in constructing and maintaining the bridge and also alleged that the accident was due to the fault of the railroad in creating and maintaining the bridge as a nuisance. The fifth count, directed against The Penn Central Company, alleged that as it had assumed the obligations and liabilities of the New Haven Railroad, including those alleged in the third and fourth counts, the plaintiff would seek from it satisfaction for any judgment "and/or" settlement to which he might be entitled as a result of the claims alleged in those counts. The complaint, as amended, also alleged that on May 9, 1968, the plaintiff had given to the New Haven Railroad notice of the accident and his intention to hold that railroad liable for his damages. A copy of the notice was annexed to the amended complaint as an exhibit.

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