Watson v. Ruderman

3 Citing cases

  1. Creer v. Active Auto Exchange, Inc.

    121 A. 888 (Conn. 1923)   Cited 20 times
    In Creer v. Active Auto Exchange, Inc., 99 Conn. 266, 277, 121 A. 888, we found that a birth certificate, made in accordance with the laws of Michigan and duly certified by the person authorized so to do, was admissible in that State, and we held it would be admissible in this State when properly authenticated.

    We do not deem it necessary to give numerous citations, but will consider such of them as seem necessary in the following discussion. Most of them are cited in Watson v. Ruderman, 79 Conn. 687, 66 A. 515. Shortly prior to his death in 1847, Chancellor Kent completed his work upon the sixth edition of his Commentaries, and the statements of law then found in his treatise are probably an adequate representation of the then-existing American law on the subject now under discussion.

  2. Frogge v. Shugrue

    13 A.2d 503 (Conn. 1940)   Cited 10 times
    In Frogge, the plaintiff appealed from a verdict in favor of the defendant dentist in a medical malpractice action against the defendant for his failure to inform her of the existence in her jaw of root tips from a tooth he extracted.

    A cause of action not stated in the complaint may not be interjected into the case through the medium of a reply. Watson v. Ruderman, 79 Conn. 687, 689, 66 A. 515; Mackey v. Dobrucki, 116 Conn. 666, 671, 166 A. 393. Upon this record the sole ground upon which to predicate a verdict for the plaintiff is the defendant's failure to inform her that the broken roots remained in her jaw. Knowledge of the defendant, either actual or constructive, that the roots did so remain is a prerequisite to liability on this score. As was said by the Virginia court of the defendant in a case on all fours with the one before us: "If he had no knowledge of such a condition he could be under no obligation to disclose it. Nor can it be said that he wrongfully concealed from her a condition of which he had no knowledge."

  3. Mackey v. Dobrucki

    166 A. 393 (Conn. 1933)   Cited 21 times

    The office of a reply is to meet matter averred in the answer. It should not be used to set up facts for the purpose of obtaining distinctive affirmative relief. Watson v. Ruderman, 79 Conn. 687, 689, 66 A. 515.