Caplan v. Arndt

The plaintiff, a pedestrian, was struck by a light truck owned by the named defendant and driven by the other defendant, Kleber, as his agent, while the plaintiff was crossing Dixwell Avenue in New Haven. The plaintiff, in his appeal, seeks to secure numerous corrections in the finding. These corrections, if granted, would result in a finding which would not support the conclusions of the trial court.

There were only two witnesses of the accident, the plaintiff and Kleber. A comparison of their testimony with the facts found discloses that the court did not accept that of either in its…