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Greene v. Difazio

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eBook details

  • Title: Greene v. Difazio
  • Author : Supreme Court of Connecticut
  • Release Date : January 23, 1961
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 65 KB

Description

Maurice Greene, the plaintiff's decedent, was nine years old when he fell from the second story into the cellar of a house being constructed by the defendants. He was attempting to walk across a plank laid over an open stair well, to reach a ladder running to the first floor. He died as a result of the injuries sustained. The jury returned a verdict for the plaintiff to recover damages for the boy's death. The trial court refused to set the verdict aside. The defendants have appealed from the judgment rendered on the verdict. Error has been assigned in the failure of the court to set aside the verdict and in denying the defendants' motion for judgment notwithstanding the verdict. The same principles are to be applied in the review of the court's action on each motion. Maltbie, Conn. App. Proc. 208. The defendants alleged contributory negligence and assumption of risk as special defenses. They claim that under the facts in this case each applied as a matter of law. The facts, which are not disputed, may be summarized as follows: The defendants were engaged in the construction of a number


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