Petrillo v. Connecticut Co.

• Decision Date: 15 December 1917
• Citation: Petrillo v. Connecticut Co., 92 Conn. 235, 102 A. 607 (Conn. 1917)
• Court: Connecticut Supreme Court
• Parties: PETRILLO. v. CONNECTICUT CO.

102 A. 607

92 Conn. 235

PETRILLO.

v. CONNECTICUT CO.

Supreme Court of Errors of Connecticut.

Dec. 15, 1917.

Appeal from Common Pleas Court, New Haven County; Earnest C. Simpson, Judge.

Action by John Petrillo against the Connecticut Company to recover damages for injuries to plaintiff's automobile through a collision with defendant's trolley car, alleged to have been caused by negligence of the defendant's motorman. From refusal to set aside judgment of nonsuit, plaintiff appeals. No error.

Joseph Koletsky, of New Haven, for appellant.

Seth W. Baldwin, of New Haven, for appellee.

PER CURIAM. Upon the evidence presented by the plaintiff, assumed to be true, it would have been impossible for a trier reasonably to find that he was free from contributory negligence. There was no substantial evidence to that effect worthy of being weighed and considered by the jury. On the contrary, the evidence unmistakably shows that the plaintiff's negligence was a proximate cause of the head-on collision between his car and the defendant's, in that he failed to discover, as in the exercise of ordinary prudence he should have done, the presence of the defendant's trolley car approaching him from the front when it was some distance away and...