Doody v. Rogers

• Decision Date: 21 February 1933
• Citation: Doody v. Rogers, 116 Conn. 713, 164 A. 641 (Conn. 1933)
• Court: Connecticut Supreme Court
• Parties: DOODY v. ROGERS.

164 A. 641

116 Conn. 713

DOODY v. ROGERS.

Supreme Court of Errors of Connecticut.

February 21, 1933

Appeal from Superior Court, New Haven County; Frederick M. Peasley Judge.

Action by Patrick J. Doody, administrator of the estate of Beatrice Doody, deceased, against Philip Rogers, to recover damages for the death of plaintiff's intestate, alleged to have been caused by defendant's heedless and reckless disregard of intestate's rights.Tried to the jury.Verdict and judgment for defendant, and plaintiff appeals.

Error judgment set aside, and new trial ordered.

Denis T. O'Brien, Jr., and Robert M. Dowling both of Meriden, for appellant.

Louis Boyarsky, of Wallingford, for appellee.

PER CURIAM.

The plaintiff brought this action to recover damages for the death of his decedent, Beatrice Doody, alleged to be due to the reckless misconduct of the defendant in operating an automobile in which she was riding as a guest.A verdict was rendered at the direction of the trial court in favor of the defendant.The plaintiff made a motion to set the verdict aside.The trial court denied this motion and the plaintiff has appealed.The jury might reasonably have found the following facts: The plaintiff's decedent and the defendant, with two others, had been at a roadhouse south of Wallingford, and about midnight the four entered the one-seated automobile of the defendant.He then drove northward until he came to the southerly end of Broad street in Meriden.After leaving the roadhouse the defendant's guests objected to the speed at which he was driving and he did slow down, but just before the accident the automobile was traveling at a speed of forty-five to fifty miles an hour.Without slackening the speed the defendant drove the car with terrific force into the rear of a heavy truck going in the same direction, causing the injuries to the plaintiff's decedent, for which the plaintiff is seeking recovery.The truck was proceeding upon its right-hand side of the road at a speed of four to five miles an hour.It had two tail-lights and two reflectors upon its rear end.Broad street at the point of the accident has a concrete surface about twenty feet wide with shoulders on each side.It runs straight for a considerable distance before place where the accident occurred, rising to the north at a 7 per cent. grade.The night was clear with a moon shining, and the road was dry.There was an automobile coming in...