Legal Opinion

Avery v. Ginsburg

Supreme Court of Connecticut

Decided December 15, 1917PublishedCited by 9 opinions

Action to recover damages for personal injuries alleged to have been caused by the defendant’s negligence in driving his automobile against the wagon in which the plaintiff was riding, brought to and tried by the Court of Common Pleas in Hartford County, Markham, J.; facts found and judgment rendered for the plaintiff for $800, and appeal by the defendant. The plaintiff was driving his horse, hitched to a wagon, over a road in New Britain.

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Action to recover damages for personal injuries alleged to have been caused by the defendant’s negligence in driving his automobile against the wagon in which the plaintiff was riding, brought to and tried by the Court of Common Pleas in Hartford County, Markham, J.; facts found and judgment rendered for the plaintiff for $800, and appeal by the defendant. The plaintiff was driving his horse, hitched to a wagon, over a road in New Britain. The accident occurred when the defendant was behind and following the plaintiff in an automobile over this road. The automobile struck the wagon in the…

1Opinion of the CourtRokaback, J.

The first assignment of error does not comply with the provisions of § 802 of the General Statutes, which require that the precise error claimed shall be “specifically stated” in the reasons of appeal.

It appears from an examination of the record that there was evidence from which the trial court could have fairly found the material and controlling facts set forth in the finding. It can also be said that these facts, so found, are consistent with and that they fully sustain the judgment rendered.

The defendant excepts to this finding of the court: “The defendant had only owned said automobile a…

2Cases cited4 opinions

  1. Franklin Union No. 4 v. PeopleIllinois Supreme Court · 1906
  2. Turner v. ConkeyIndiana Supreme Court · 1892
  3. Fowler v. Charles BishopSupreme Court of Connecticut · 1864
  4. Cook v. MorseSupreme Court of Connecticut · 1873

3Cited by9 opinions

  1. Peck v. JacqueminSupreme Court of Connecticut · 1985
  2. Solomon v. AbermanSupreme Court of Connecticut · 1985
  3. Wladyka. v. City of WaterburySupreme Court of Connecticut · 1922
  4. Thomasian v. Superior CourtCalifornia Court of Appeal · 1953
  5. Bridgeport Hydraulic Co. v. City of BridgeportSupreme Court of Connecticut · 1925

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