Gross v. Rubbo

The plaintiff’s automobile was properly parked at the curb on the westerly side of North Main Street in Waterbury and was unoccupied. The defendant driver drove his car into it. The trial court decided that he was suddenly confronted with an emergency not of his own creation and to which his own acts and conduct did not contribute, that he exercised proper care under the circumstances, and that, therefore, he was not negligent. The plaintiff has appealed.

The finding cannot be corrected in any material respect. Agency is admitted and we refer to the driver as the defendant. He was driving in a…