68 A.2d 144 (Conn. 1949), Jacek v. Bacote

Citation:68 A.2d 144, 135 Conn. 702
Opinion Judge:ELLS, Judge.
Party Name:JACEK v. BACOTE et al. In re SAPACH'S ESTATE.
Attorney:Leon E. McCarthy, Ansonia, with whom, on the brief, was Joseph J. Chernauskas, Ansonia, for appellant (plaintiff). Martin E. Gormley, New Haven, for appellees (defendants).
Judge Panel:In this opinion the other Judges concurred. Before MALTBIE, C.J., and BROWN, JENNINGS, ELLS and DICKENSON, JJ.
Case Date:August 09, 1949
Court:Supreme Court of Connecticut
 
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Page 144

68 A.2d 144 (Conn. 1949)

135 Conn. 702

JACEK

v.

BACOTE et al.

In re SAPACH'S ESTATE.

Supreme Court of Errors of Connecticut.

August 9, 1949

Appeal from Superior Court, New Haven County; Quinlan, Judge.

Action by Elizabeth Jacek, administratrix of the estate of Michael Sapach, deceased, against Theodore Bacote and another to recover damages for the death of the plaintiff's intestate, alleged to have been caused by the negligence of the defendants, brought to the Superior Court and tried to the jury. Verdict and judgment for defendants and plaintiff appeals.

No error.

Page 145

[135 Conn. 703] Leon E. McCarthy, Ansonia, with whom, on the brief, was Joseph J. Chernauskas, Ansonia, for appellant (plaintiff).

Martin E. Gormley, New Haven, for appellees (defendants).

Before MALTBIE, C.J., and BROWN, JENNINGS, ELLS and DICKENSON, JJ.

ELLS, Judge.

The plaintiff's intestate, a pedestrian, was struck and killed by an automobile driven by the named defendant and owned by his wife, the other defendant. The jury rendered a verdict for the defendants. The plaintiff has appealed from the trial court's refusal to set it aside and from the judgment.

The facts which the jury reasonably could have found may be summarized. The Bridge Street bridge spans the Naugatuck River at Ansonia and is a main artery of traffic between two sections of the city. It is 850 feet long and the roadway is 39 feet wide. There are sidewalks on both sides, and there are no crosswalks. From the east end of the structure to approximately the middle there is a rise of 19.44 feet, and from the middle to the west end there is a descent of about six feet. On April 5, 1947, about 6:30 p. m., the named defendant drove to the east end of the bridge, stopped to allow traffic coming from it to pass, then drove onto it and proceeded westerly. A light rain was falling, both windshield wipers were working and the lights were lit on low beam, although it was not yet dark. He traveled in a straight line on his own right-hand side of the road, about one and one-half feet from the northerly curb, with his car in low gear for about 100 feet and then in second gear. He was looking straight ahead. When he reached the top of the elevation in the middle of the bridge, his car was traveling at twenty to twenty-five miles per hour and [135 Conn. 704] he was preparing to shift into...

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