McCann v. McGuire

Decision Date12 July 1910
CourtConnecticut Supreme Court
PartiesMcCANN v. McGUIRE.

Appeal from Superior Court, Fairfield County; George W. Wheeler, Judge.

Action by Charles V. McCann, Administrator, against Peter McGuire for death of plaintiff's intestate, charged to have been caused by defendant's negligence. A verdict for plaintiff for $300 only was set aside, and plaintiff was granted a new trial. Defendant appeals. No error.

Charles D. Lockwood, for appellant.

Russell Porter Clark, for appellee.

HALL, C. J. The complaint in this action alleges that the plaintiff's intestate, Charles D. McCann, was riding in a wagon when the defendant, driving an automobile in a reckless manner and at an excessive rate of speed, approached him from behind and started to pass the wagon on the left, and then suddenly turned his automobile to the right in such a manner as to cause the deceased to reasonably believe that the automobile was about to run into the wagon with great force, and that his life was in danger, and to induce the deceased, acting under such belief, to jump from the wagon on the right side upon the grass bordering the road; that thereupon the defendant drove his automobile at an excessive rate of speed upon the right side of the wagon and upon the grass on the right side of the roadway, and struck the said Charles D. McCann with such force as to cause his death. In his answer the defendant alleges that he was about to pass the wagon on the left side, when he saw an automobile approaching on that side of the road, and that to avoid a collision with it he turned to the right of the wagon upon the grass, where he could safely pass, when McCann jumped from the wagon in front of the automobile, so that it was impossible for the defendant to avoid hitting him in the manner which caused his death.

Upon the trial of the case the jury having returned a verdict for the plaintiff for $300 damages, the court said to them: "I do not say that I will not accept that verdict if that is your final conclusion. If you reach the conclusion finally that the verdict ought to be in favor of the plaintiff, it seems to the court that the assessment of damages at $300 for the death of such a boy as this boy has been described to be, by the undisputed evidence, is inadequate. You may retire and consider the case further gentlemen." The jury thereupon retired and after further considering the case for half an hour, again returned a verdict for the plaintiff for $300 damages. As soon as the clerk had read the verdict the court accepted it, and directed the clerk to enter an order setting it aside as manifestly against the evidence. Within twenty-four hours thereafter the plaintiff filed a motion that the verdict be set aside as against the evidence, and that a new trial be granted, and the court granted said motion.

At the request of the defendant the court made a finding stating the facts above set forth regarding the return and acceptance, and the setting aside of the verdict; that the plaintiff claimed to have proved that the deceased was 14 years and 10 months old, of good health, intelligent and industrious, and conscientious, and earned from three to four dollars a week; that the defendant...

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15 cases
  • Booren v. McWilliams
    • United States
    • North Dakota Supreme Court
    • March 24, 1916
    ... ... Paul City R. Co. 77 Minn. 34, 79 N.W. 583; ... Harvey v. Atlantic Coast Line R. Co. 153 N.C. 567, ... 69 S.E. 627; 11 Current Law, 997; McCann v. McGuire, ... 83 Conn. 445, 76 A. 1003; Bank of Commerce v. Smith, ... 57 Minn. 374, 59 N.W. 311; New York, C. & St. L. R. Co ... v. Hamlet ... ...
  • Johnson v. Franklin
    • United States
    • Connecticut Supreme Court
    • November 7, 1930
    ... ... case of an inadequate award as in the case of an excessive ... award. Black, Administrator, et al. v. Griggs, 74 ... Conn. 582, 51 A. 523; McCann v. McGuire, 83 Conn ... 445, 447, 76 A. 1003 ... The ... trial court held that the verdicts were inadequate, but ... further held: " ... ...
  • McKiernan v. Lehmaier
    • United States
    • Connecticut Supreme Court
    • December 19, 1911
    ... ... or to justify the suspicion that it was the result of ... corruption, prejudice, or partiality. This is not such a ... case. McCann v. McGuire, 83 Conn. 445, 447, 76 A ... The ... defendant complains because the plaintiff's counsel in ... the course of his argument ... ...
  • Johnson v. Franklin
    • United States
    • Connecticut Supreme Court
    • November 7, 1930
    ...inadequate award as in the case of an excessive award. Black, Administrator, et al. v. Griggs, 74 Conn. 582, 51 A. 523; McCann v. McGuire, 83 Conn. 445, 447, 76 A. The trial court held that the verdicts were inadequate, but further held: "If upon a careful consideration of all of the eviden......
  • Request a trial to view additional results

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