Connecticut Reports; Proceedings in the Supreme Court of the State of Connecticut Volume 36 (Paperback)

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. 1871 edition. Excerpt: ...charged the jury that the intoxication of the driver would not of itself relieve the town of liability, but that the question was whether or not he exercised reasonable 'care to avoid the danger; and that, should the jury find that he was intoxicated at the time of the accident, they should take his condition into consideration with the other facts of tho case in determining such question. The court had pre-viously charged the jury that the plaintiff could not recover if the driver did not exercise reasonable care to avoid the danger at the time of the accident and the want of such care contributed substantially to produce the injury. We think the whole charge on this subject is imexceptionable. The defendants can find no excuse in the intoxication of the driver if it had nothing to do with causing the accident. We think the court charged the jury correctly concerning the want of a railing on the side of the bridge at the place where the accident occurred. It was proved and not denied by the defendants that the bridge was dangerously defective from the want of a railing, and had been for many years; and was also impassable by reason of a large hole in the west abutment caused by a recent freshet. In this state of things it was the duty of the defendants to give the public proper warning of the dangerous condition of the bridge till proper repairs could be made. If such warning was given, or if the defendants exercised reasonable ca.re to give such warning at the time of an accident, then they would not be responsible for an injury which occurred by reason of any of the defects of the bridge. But if no such warning was given, and no such care exercised to give such warning, then the defendants would be liable for an injury which...