Edwards v. City of Hartford

Decision Date06 March 1958
Citation139 A.2d 599,145 Conn. 141
CourtConnecticut Supreme Court
PartiesO. Minson EDWARDS v. CITY OF HARTFORD et al. Supreme Court of Errors of Connecticut

Abraham A. M. Schweitzer, Hartford, with whom was John W. Joy, Hartford, for appellant (plaintiff).

Jerome T. Malliet, Asst. Corp. Counsel, Hartford, with whom, on the brief, was Frank A. Murphy, Corp. Counsel, Hartford, for appellees (defendants).

Before WYNNE, C. J., and BALDWIN, DALY, KING and MURPHY, JJ.

MURPHY, Associate Justice.

The plaintiff has appealed from the judgment of the Court of Common Pleas denying him damages from the defendants under a complaint charging false arrest and imprisonment and seeking recovery of the expense to which he was put in reclaiming his automobile after it was impounded by the Hartford police under an ordinance which permits removal of vehicles parked in prohibited areas.

The finding, with such corrections as are warranted, shows that the plaintiff, an out-of-state visitor, parked his automobile at a parking meter on Main Street in Hartford about 4:45 p.m. on April 18, 1956. The space was within an area in which the parking of vehicles was prohibited from 4:30 p.m. to 6 p.m. because of heavy traffic conditions. Shortly after parking, the plaintiff observed that his automobile was being pushed by a two car owned by the defendant Benjamin Webber, a garage owner, and operated at the time by one of his employees. The tow car was towing another automobile. Officer William J. O'Brien had placed a parking violation tag on the plaintiff's car and had directed the operator of the tow car to remove it to the city pound. A helper on the tow car placed jumpel wires on the ignition of the plaintiff's car and got behind the wheel to steer it while the wrecker pushed it to start the motor. The car had been pushed about fifty feet to an intersection when the plaintiff overtook it, got in through the door on the right-hand side, grabbed the shift lever and stopped the car abruptly. He ordered the garageman to get out of the car, but the latter, instead of doing so, summoned Officer James F. Haddon, who was directing traffic at the intersection. Officer Haddon twice ordered the plaintiff to get out of the car, but he refused to do so. Officer Kenneth L. Doner, a motorcycle policeman, then rode up to the car, and Officer Haddon resumed the direction of traffic. Officer Doner explained to the plaintiff that his car had been tagged for illegal parking, that it was being towed from the scene under direction of the police department and that it would be necessary for the plaintiff to go to the police station to pay for the traffic violation and then to retrieve his car from the pound. The plaintiff refused to leave the car or heed the officer's suggestion. In a loud voice he likened the officer to a god or a dictator. A crowd collected. The plaintiff wanted to drive his car away and offered to pay for the parking violation, but Officer Doner told him that he could not do so and that the car had been impounded. Officer Doner placed the plaintiff under arrest and charged him with breach of the peace. The patrol wagon was summoned and the plaintiff was taken to the police station, where he put up a cash bond for his appearance in police court. At the police station he paid $1 for the parking violation, and he recovered his car from the pound upon the payment of $5.15, covering the towing charge and state tax. The charge of breach of the peace was nolled the following morning after the case had been partly tried.

The defendants are the city of Hartford; Michael J. Godfrey, its chief of police; Officer Doner; and Webber. The plaintiff claims that the ordinance is unconstitutional in that it provides for the removal of cars whether they are occupied or not; that Officer Doner was guilty of false arrest and imprisonment; and that Webber was responsible for the illegal act of his employee in removing the plaintiff's automobile to the pound.

The ordinance under which the police operated reads: 'Whenever any vehicle is found parked in a place where parking is not permitted, it may be removed...

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26 cases
  • Helbig v. Zoning Commission of Noank Fire Dist.
    • United States
    • Supreme Court of Connecticut
    • August 18, 1981
    ...A.2d 477 (1956); see New Milford v. SCA Services of Connecticut, Inc., 174 Conn. 146, 148, 384 A.2d 337 (1977); Edwards v. Hartford, 145 Conn. 141, 145, 139 A.2d 599 (1958). The plaintiff has the burden of overcoming this presumption; Teuscher v. Zoning Board of Appeals, supra; Murphy, Inc.......
  • Snyder v. Town of Newtown
    • United States
    • Supreme Court of Connecticut
    • May 31, 1960
    ...must approach it with caution, examine it with care, and sustain the legislation unless its invalidity is clear. Edwards v. City of Hartford, 145 Conn. 141, 145, 139 A.2d 599; Schwartz v. Kelly, 140 Conn. 176, 179, 99 A.2d 89; State v. Muolo, 119 Conn. 323, 325, 176 A. 401; 1 Cooley, op. ci......
  • Kellems v. Brown
    • United States
    • Supreme Court of Connecticut
    • July 27, 1972
    ...on them. Hardware Mutual Casualty Co. v. Premo, supra, 153 Conn. 472, 473, 217 A.2d 698.' To like effect we said in Edwards v. Hartford, 145 Conn. 141, 145, 139 A.2d 599, 601: 'Courts in passing upon the validity of a legislative act do not feel justified in declaring it void unless there i......
  • Caldor, Inc. v. Thornton
    • United States
    • Supreme Court of Connecticut
    • September 6, 1983
    ...with great caution ... and sustain the act unless its invalidity is, in our judgment, beyond a reasonable doubt"; Edwards v. Hartford, 145 Conn. 141, 145, 139 A.2d 599 (1958); we are nevertheless unable to agree. Subsection (b) of § 53-303e, upon which the defendant relied in bringing his c......
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