Abrams v. Director General of Railroads
Supreme Court of Connecticut
Action to recover damages for negligently causing the death of the plaintiff’s intestate, brought to the Superior Court in New London County and tried to the jury before Kellogg, J.; verdict for the plaintiff for $7,500, which the trial court, upon motion of the defendant, set aside as against the evidence, and from this decision the plaintiff appealed.
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Action to recover damages for negligently causing the death of the plaintiff’s intestate, brought to the Superior Court in New London County and tried to the jury before Kellogg, J.; verdict for the plaintiff for $7,500, which the trial court, upon motion of the defendant, set aside as against the evidence, and from this decision the plaintiff appealed. On March 26th, 1918, the plaintiff’s decedent, Os-trow, was driving an empty motor-truck in a southerly direction upon a private crossing of the double tracks of the New York, New Haven & Hartford Railroad Company near Mystic, when the front…
1Opinion of the CourtBeach, J.
The trial court set aside the verdict on the ground that the jury could not reasonably have found that the decedent was in the exercise of due care at the time of the accident, and that the evidence necessarily showed that either the intestate did not look attentively, or if he did look, he mistook his chances of getting across in safety. On this point the testimony of the two survivors, with its implications, is conclusive. The point at which Ostrow stopped the truck and waited for a signal to start again, is located quite accurately with reference to a stone wall thirty-six feet north of…
2Cited by1 opinion
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