D. A. Schulte, Inc., v. Hewitt Grocery Co.
| Decision Date | 30 June 1924 |
| Citation | 101 Conn. 750,125 A. 365 |
| Court | Connecticut Supreme Court |
| Parties | D. A. SCHULTE, INC., v. HEWITT GROCERY CO. ET AL. |
Appeal from District Court of Waterbury; Frederick M. Peasley, Judge.
Action by D. A. Schulte, Inc., against the Hewitt Grocery Company and others. From granting of defendants' motion to set aside verdict, plaintiff appeals. Affirmed.
William T. Keavney, Jr., and John H. Cassidy, both of Waterbury, for appellant.
Walter E. Monagan, of Waterbury, for appellees.
In setting aside a verdict the trial judge is acting in the exercise of a legal discretion, and his action will not be disturbed by us, unless it clearly appears that the discretion was abused; and in passing upon the question of abuse great weight should be given to his opinion, and every assumption made in favor of its correctness. Robinson v. Backes, 91 Conn. 460, 99 A. 1057; Roma v. Thames River S. Co., 90 Conn. 18, 96 A. 169.
A careful examination of the evidence presented on the trial discloses that the trial court did not abuse its discretion in ruling, in substance, that the jury could not reasonably have found the issues presented to them by the pleadings in favor of the plaintiff.
There is no error.
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Amellin v. Leone
... ... 41; Canfield v. Sheketoff, 104 Conn. 28, 30, ... 132 A. 401; Schulte, Inc., v. Hewitt Grocery Co., ... 101 Conn. 750, 751, 125 A. 365; Skaling ... ...
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Lahunta v. City Of Waterbury.
...but of the following. A trial court's decision in this connection is ordinarily entitled to great weight, D. A. Schulte, Inc., v. Hewitt Grocery Co., 101 Conn. 750, 751, 125 A. 365; Delmore v. Polinsky, 132 Conn. 28, 29, 42 A.2d 349; but it is the plaintiff's constitutional right ‘to have i......
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Atchison v. Lewis.
...v. Danforth, 124 Conn. 468, 469, 200 A. 577; Knight-Realty Co., Inc., v. Caserta, 126 Conn. 162, 10 A.2d 597; Schulte, Inc., v. Hewitt Grocery Co., 101 Conn. 750, 751, 125 A. 365. The test of testamentary capacity stated in its simplest terms is that the testator must have mind and memory s......
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Maroncelli v. Starkweather
... ... discretion and set aside a verdict? In Schulte, Inc., v ... Hewitt Grocery Co., 101 Conn. 750, 125 A. 365, we state ... ...