Guilfoile v. Smith
Supreme Court of Connecticut
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, brought to the Superior Court in New Haven County and tried to the jury before Burpee, Jthe trial court nonsuited the plaintiff, and from the refusal to set aside this judgment he appealed.
1Per curiam
The trial court granted the motion for a nonsuit because the plaintiff had failed to prove that the death of the decedent was due to the accident, and because the proximate -cause of the decedent’s injuries was his own negligence.
Unless unworthy of credence, the trial court was bound to regard the evidence introduced by the plaintiff in the aspect most favorable to his cause of action. “It was enough if he had thus made out a prima facie case, though it might in the opinion of the court be a weak one.” Girard v. Grosvenordale Co., 83 Conn. 20, 25, 74 Atl. 1126. As we read the evidence the…
2Cases cited2 opinions
- Girard v. Grosvenordale Co.Supreme Court of Connecticut · 1910
- Hoyt v. New York, New Haven & Hartford RailroadSupreme Court of Connecticut · 1906
3Cited by4 opinions
- Kinderavich v. PalmerSupreme Court of Connecticut · 1940
- Guilfoile v. SmithSupreme Court of Connecticut · 1922
- Capitol Motor Lines, Inc. v. BillingsleaSupreme Court of Alabama · 1945
- Capitol Motor Lines, Inc. v. BillingsleaSupreme Court of Alabama · 1945