Nirenstein v. Sachs
| Citation | 117 Conn. 343,167 A. 822 |
| Court | Connecticut Supreme Court |
| Decision Date | 08 August 1933 |
| Parties | NIRENSTEIN v. SACHS. WELCH v. SAME. |
Appeal from Superior Court, Hartford County; Newell Jennings, Judge.
Actions by Samuel Nirenstein and by Margaret H. Welch against Nathan G. Sachs to recover damages for injuries to person and property, alleged to have been caused by the negligence of the defendant, brought to the superior court and tried to the jury. Verdict and judgment for the plaintiff in each case and appeal by the defendant.
No error on either appeal.
John C. Blackall and Charles H. Blackall, both of Hartford, for appellant.
David A. Wilson, of Hartford, for appellee Nirenstein.
Walter F. Foley and Joseph Swaye, both of Hartford, for appellee Welch.
Argued before MALTBIE, C.J., and HAINES, HINMAN BANKS, and AVERY, JJ.
The plaintiff in one of these actions, Nirenstein, while engaged in changing a tire of the car he was operating, was injured by being struck by a car driven by the defendant, and the defendant's car at the same time collided with that of Nirenstein, causing injuries to the plaintiff in the other action, Mrs. Welch. In each case the jury returned a verdict for the plaintiff, and the defendant has appealed from the denial of his motion to set it aside. It is not disputed that the highway for a considerable distance easterly of the point of the accident was straight, its traveled portion twenty feet wide, with a shoulder on the north side about six feet wide and one on the south side about four feet wide, and with highway fences on both sides; that from a point about six hundred feet easterly of the place of the accident the highway descends, for most of the distance at a 5 1/2 per cent. grade; that it is paved with macadam, having a rather high crown in the center and slippery when wet, as it was at the time of the accident; that Nirenstein had been driving westerly, and had stopped his car on the northerly side of the road altogether off, or with its left wheels close to the edge of, the paved way; and that the defendant was also driving westerly on the highway. The jury might also have found the following facts: The structure of the road was such that, if the car was being driven on the side slope, the driver would be liable to lose control of it; the defendant had been over the road he was traveling in the forenoon of the same day, and he and his wife, who was with him, had talked about its condition; the defendant was driving at a speed of thirty to thirty-five miles an hour when he came to the top of the hill: he put on his brakes and slowed to twenty to twenty-five miles an hour; as he came down the hill his car was to the right of the center line: he saw the plaintiff's car parked at the side of the road, and noticed a man on the left side of it busy about something connected with it; his car gathered momentum, and was going more than thirty miles an hour, and he applied his brakes again; he was then some hundred feet or more from the plaintiff's car; the defendant's car skidded very badly, struck the fence at the south side of the road, turned in a semi-circle,...
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Elliott v. Larson
...some negligent conduct on the defendant's part or that the defendant was negligent after her car began to skid. See Nirenstein v. Sachs, 117 Conn. 343, 345, 167 A. 822 (1933). At trial, the defendant testified that at the time of the accident, the sky was dark and Cooke Street was covered w......
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Doberrentz v. Gregory
...which in turn, as the undisputed facts demonstrate, eventuated in the skid, collision and injury to the plaintiff. See Nirenstein v. Sachs, 117 Conn. 343, 345, 167 A. 822. In the finding as originally made by the trial court was a statement that the defendant had his car under control and t......
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Staplins v. Murphy
... ... less of reckless misconduct. James v. Von Schuckman, ... 115 Conn. 490, 162 A. 3; Nirenstein v. Sachs, 117 ... Conn. 343, 345, 167 A. 822. The record is barren of any ... evidence of reckless operation of the car causing the ... skidding ... ...
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Staplins v. Murphy
...of negligence on his part, and still less of reckless misconduct. James v. Von Schuckman, 115 Conn. 490, 162 A. 3; Nirenstein v. Sachs, 117 Conn. 343, 345, 167 A. 822. The record is barren of any evidence of reckless operation of the car causing the skidding. The situation was quite unlike ......