Mavrides v. Lyon
| Decision Date | 01 July 1937 |
| Parties | MAVRIDES v. LYON et al. |
| Court | Connecticut Supreme Court |
123 Conn. 173
MAVRIDES
v.
LYON et al.
Supreme Court of Errors of Connecticut.
July 1, 1937.
Appeal from Superior Court, New Haven County; Patrick B. O'Sullivan, Judge.
Action by Peter Mavrides against William C. Lyon and another to recover damages for personal injuries, alleged to have been caused by the negligence of the defendants, brought to the superior court in New Haven County and tried to the jury before O'Sullivan, J. Verdict and judgment for defendants, and plaintiff appeals.
No error.
Argued before MALTBIE, C. J., and HINMAN, BANKS, AVERY, and BROWN, JJ.
David M. Reilly and Frank W. Flood, both of New Haven, for appellant. Charles A. Watrous and John B. Grant, both of New Haven, for appellees.
AVERY, Judge.
The plaintiff brought this action to recover damages for injuries claimed to have been received while crossing Congress avenue in New Haven near Hill street on November 28, 1935, at about 7 p. m. He claimed that he was struck by an automobile owned by the defendant Walter Lyon and operated by his agent, William C. Lyon, in an easterly direction on Congress avenue, and that his injuries were due to the negligent operation of the automobile by the driver thereof. The case was tried to a jury and a verdict returned in favor of the defendants, from which the plaintiff has appealed, assigning errors in the instructions of the court to the jury; his claim in general being that the instructions were inadequate, unduly favorable to the defendants, and in certain particulars erroneous.
We test the charge by the claims of proof of the parties as set forth in the
finding. The plaintiff, among other things, claimed to have proved the following facts: Congress avenue, in New Haven, runs east and west; is forty-two feet four inches wide from curb to curb; is intersected on its south side by Hill street, and on its north side, somewhat west of Hill street, by Temple street. A double set of trolley tracks runs through the center, the rails occupying fifteen feet and one-half inch of its width. The pavement between the rails is bituminous macadam, and north and south of the rails it is of brick construction. At the time in question, it was raining. The plaintiff had been walking on the south side in a westerly direction, and, on arriving at a point where the easterly sidewalk of Hill street meets the southerly sidewalk of Congress avenue, he turned to his right, stepped down from the southerly curb line of Congress...
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