Legal Opinion

Kishalaski v. Sullivan

Supreme Court of Connecticut

Decided December 5, 1919PublishedCited by 5 opinions

Action to recover damages for personal injuries resulting in the death of the plaintiff’s intestate and alleged to have been caused by the negligence of the defendant’s chauffeur in the operation of his automobile, brought to the District Court of Waterbury and tried to the jury before Peasley, J.; verdict and judgment for the defendant, and appeal by the plaintiff.

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Action to recover damages for personal injuries resulting in the death of the plaintiff’s intestate and alleged to have been caused by the negligence of the defendant’s chauffeur in the operation of his automobile, brought to the District Court of Waterbury and tried to the jury before Peasley, J.; verdict and judgment for the defendant, and appeal by the plaintiff. The plaintiff’s intestate, a boy seven years of age and of average intelligence, size and physical development for his years, received fatal injuries by being struck by the defendant’s automobile operated in his business by his…

1Opinion of the CourtPrentice, C. J.

The plaintiff’s first complaint is of the refusal of the court to grant his motion to set aside the verdict as being against the evidence, and to grant a new trial. The evidence was not widely contradictory. That presented on behalf of the plaintiff and on the defendant’s behalf, alike clearly established that the defendant’s chauffeur was proceeding along on his right-hand or the northerly side of a street unobstructed by other vehicles, at a very moderate speed and with the lights of his car lighted. In all these regards he was traveling as the law directs, and as reasonable prudence would…

2Cases cited7 opinions

  1. Nolan v. New York, New Haven & Hartford RailroadSupreme Court of Connecticut · 1885
  2. Radwick v. GoldsteinSupreme Court of Connecticut · 1916
  3. City of Hartford v. ChampionSupreme Court of Connecticut · 1889
  4. Rohloff v. Fair Haven & Westville RailroadSupreme Court of Connecticut · 1904
  5. Murphy v. Derby Street Railway Co.Supreme Court of Connecticut · 1900

2 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Lombardi v. WalladSupreme Court of Connecticut · 1923
  2. Marfyak v. New England Transportation Co.Supreme Court of Connecticut · 1935
  3. Lederer v. Connecticut Co.Supreme Court of Connecticut · 1920
  4. Grenier v. Town of GlastonburySupreme Court of Connecticut · 1934
  5. Kalsow v. GrobNorth Dakota Supreme Court · 1931

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