Horsfall v. Foley

• Court: Connecticut Supreme Court
• Writing for the Court: PER CURIAM.
• Citation: Horsfall v. Foley, 111 Conn. 722, 150 A. 64 (Conn. 1930)
• Decision Date: 30 April 1930
• Parties: HORSFALL v. FOLEY ET AL. SCHEPP v. FOLEY ET AL.

150 A. 64

111 Conn. 722

HORSFALL v. FOLEY ET AL.

SCHEPP v. FOLEY ET AL.

Supreme Court of Errors of Connecticut.

April 30, 1930

Appeal from Superior Court, Fairfield County; John Rufus Booth Judge.

Separate actions by Anna Horsfall and Edith Schepp against Vincent Foley and others, tried together to the court, to recover damage for personal injuries caused by the alleged negligence of the defendants. From judgment for plaintiffs, defendants in each case appeal.

No error.

John Keogh and John T. Dwyer, of South Norwalk, for appellants.

Samuel Reich and Philips Reich, both of Bridgeport, for appellees.

Argued before WHEELER, C.J., and MALTBIE, HAINES, HINMAN, and BANKS JJ.

PER CURIAM.

The evidence as to the cause of the accident was conflicting. The trial court found that the plaintiff's car reached the street intersection considerably in advance of the defendant Foley's car and was run into by its operator when plaintiff's car was nearly out of the intersection causing the plaintiffs to suffer injuries to which they did not materially contribute. Upon the facts as found the defendants' liability is conclusively established. Jackson v. Brown, 106 Conn. 143, 137 A. 725. Under our numerous decisions there was no reasonable basis for a correction of the finding in so material a degree as to effect the conclusion of the trial court.

The only ground of appeal furnishing a reasonable basis for the appeal was the claim that the damages were excessive. So far as...