Supreme Court of Connecticut March 9, 1899 (Ockershausen v. New York, New Haven & Hartford Railroad)

Hameksley, J.

Under our peculiar practice damages are assessed, after default or demurrer overruled, by the court; and in actions to recover unliquidated damages the defendant may offer evidence to prove that the plaintiff had no cause of action, or any special matter in defense, and if the evidence satisfies the court that no cause of action exists, nominal damages only can be assessed.