Faille v. Hollett

• Decision Date: 15 June 1965
• Citation: Faille v. Hollett, 211 A.2d 701, 152 Conn. 720 (Conn. 1965)
• Court: Connecticut Supreme Court
• Parties: Beulah FAILLE v. Dorothy W. HOLLETT et al. Supreme Court of Errors of Connecticut

Page 701

211 A.2d 701

152 Conn. 720

Beulah FAILLE v. Dorothy W. HOLLETT et al.

Supreme Court of Errors of Connecticut.

June 15, 1965.

Colin C. Tait, Hartford, with whom, on the brief, was Bruce W. Manternach, Hartford, for appellants (defendants).

Bertlen F. Turner, Simsbury, for appellee (plaintiff).

Before KING, C. J., and MURPHY, ALCORN, COMLEY, and HOUSE, JJ.

PER CURIAM.

The first trial of this action to recover damages for injuries from a fall by the plaintiff, a social guest, on the defendants' premises resulted in a judgment rendered by the court for the plaintiff. On appeal, this judgment was set aside and a new trial was ordered because the court had failed to find subordinate facts to support its conclusion that the plaintiff was free from contributory negligence. Faille v. Hollett, 150 Conn. 397, 190 A.2d 53.

The second trial, also to the court, resulted, as did the first, in a judgment for the plaintiff from which this appeal has been taken. The defendants seek numerous corrections of the finding, none of which can be made. The only remaining question before us is whether the conclusions drawn by the court from the subordinate facts that the defendants were negligent and that the plaintiff was not must stand. In holding that they must, we repeat the statement in Marley v. New England Transportation Co., 133 Conn. 586, 591, 53 A.2d...