Mooney v. McCarthy

This is an action in tort to recover for personal injuries plaintiff received in an automobile accident. McCarthy was charged with ordinary negligence, Gould with gross negligence; there was a verdict and judgment against both, and the ease is here on McCarthy’s exceptions.

The accident happened on Main Street in the village of Wallingford about 7.45 p.m. April 21, 1934. The street runs north and south. McCarthy, hereafter called the defendant, lives east of it. There is a driveway from the street to his place which passes over a cement culvert about 11 feet 9 inches long and 2y2 feet above…