Dimaio v. Yolen Bottling Works
Supreme Court of Connecticut
Action to recover damages for negligently running into and killing the plaintiff’s intestate, brought to the Superior Court in New Haven County and tried to the jury before Gager, Jverdict and judgment for the defendants, and appeal by the plaintiff.
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Action to recover damages for negligently running into and killing the plaintiff’s intestate, brought to the Superior Court in New Haven County and tried to the jury before Gager, Jverdict and judgment for the defendants, and appeal by the plaintiff. Upon the trial to the jury the plaintiff offered evidence to prove: that Myrtle Avenue at the point of the accident was thickly populated and having large numbers of children in the neighborhood; that the defendants’ team was coming up Myrtle Avenue close to the right-hand curb at a fast walk and that just prior to the accident the driver on the…
1Opinion of the CourtWheeler, J.
The action is one of negligence, and the errors assigned comprise requests of plaintiff to charge which were alleged to have been omitted, and portions of the charge as made.
One request was that if the jury found that the injury to plaintiff’s intestate was caused by the negligence of the driver of the defendants, — their agent and servant — to which the intestate did not materially contribute, the defendants would be liable.
The substance of this was a necessary part of the body of any intelligent charge. The court fully covered the request, saying that the action was brought under the…
2Cited by8 opinions
- Menzie v. KalmonowitzSupreme Court of Connecticut · 1928
- Marfyak v. New England Transportation Co.Supreme Court of Connecticut · 1935
- Lederer v. Connecticut Co.Supreme Court of Connecticut · 1920
- Grenier v. Town of GlastonburySupreme Court of Connecticut · 1934
- Rappa v. Connecticut Co.Supreme Court of Connecticut · 1921
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