Bawol v. Gumkowski

• Decision Date: 03 July 1926
• Court: Connecticut Supreme Court
• Parties: STELLA BAWOL v. JOHN GUMKOWSKI.

133 A. 917

104 Conn. 746

STELLA BAWOL v. JOHN GUMKOWSKI.

Supreme Court of Errors of Connecticut.

July 3, 1926

Appeal from Superior Court, Fairfield County; Leonard J. Nickerson, Judge. Action to recover damages for the alleged negligence of the defendant, brought to the superior court in Fairfield county and tried to the jury before Nickerson, J. Judgment of nonsuit, and appeal from denial of motion to set nonsuit aside. No error.

Jackson Palmer and Daniel E. Ryan, both of Stamford (C. Milton Fessenden and Matthew H. Kenealey, both of Stamford, on the brief), for appellant.

Clement A. Fuller and Frank E. Jamrozy, both of Stamford, for appellee.

PER CURIAM.

Plaintiff seeks to recover damages from the defendant for injuries caused him through the alleged negligence of defendant's agent. It was incumbent upon plaintiff to make out a prima facie case in his favor. One of the vitally essential facts upon which the plaintiff must make out a prima facie case was that Gumkowski, whose negligent operation of his automobile is alleged to have caused the injuries to plaintiff, was the agent of the defendant at the time of this accident and engaged in defendant's business. The case upon this point is a close one, and in a case as close as this the preferable course would have been to have denied the motion for a nonsuit. Upon the evidence we are unable to determine that the court erred in holding that the plaintiff did not make out a prima facie case upon this point, and hence the denial of the motion to set aside the nonsuit was not error. There is no error.