Romaniello v. Dyna Distributors, Inc.

Decision Date08 March 1967
Citation227 A.2d 430,154 Conn. 605
CourtConnecticut Supreme Court
PartiesNancy ROMANIELLO v. DYNA DISTRIBUTORS, INC.

Walter R. Griffin, Waterbury, for appellant (plaintiff).

Kevin T. Gormley, New Haven, with whom, on the brief, were Martin E. Gormley and Gerald P. Dwyer, New Haven, for appellee (defendant).

Before KING, C.J., and ALCORN, HOUSE, THIM and RYAN, JJ.

ALCORN, Associate Justice.

In this action the plaintiff sought to recover for damage, consisting mainly of plaster and mortar cracks, claimed to have been caused to her house and its appurtenances by the defendant's blasting operations. On conflicting evidence, and after inspecting the premises, the court rendered judgment for the defendant. In this appeal from the judgment the plaintiff claims that the court 'failed to give the proper weight to the testimony' of her witnesses.

We do not retry the facts or pass upon the credibility of the witnesses. Triano v. Brodowy, 151 Conn. 445, 446, 199 A.2d 164. The trial court determines the credibility of the witnesses. Jarrett v. Jarrett, 151 Conn. 180, 181, 195 A.2d 430. The plaintiff assigns no error in the trial court's conclusion that the defendant's witnesses were more credible and trustworthy than her own.

The plaintiff seeks no correction of the subordinate facts found by the court. Consequently they cannot be changed. Bridgeport Hydraulic Co. v. Sciortino, 138 Conn. 690, 692, 88 A.2d 379. Instead, she would have us add to the finding the fact that her husband and two other witnesses observed no cracks until after the blasting. A fact cannot be added to a finding merely because it is not contradicted. Shakro v. Haddad, 149 Conn. 160, 162, 177 A.2d 221. Moreover, the court has found the uncontested fact that the plaintiff's husband had repaired various cracks in the house a year or two before the blasting.

The court's observation of the premises is evidence supplementing that offered through witnesses in the case. Houston v. Highway Commissioner, 152 Conn. 557, 558, 210 A.2d 176. From the conflicting testimony and its own observations the court had found subordinate facts which fully support its conclusions, the basic one being that the plaintiff failed to prove that the blasting caused the claimed damage.

There is no error.

In this opinion the other judges concurred.

To continue reading

Request your trial
10 cases
  • Hartford Div., Emhart Industries, Inc. v. Amalgamated Local Union 376, U.A.W.
    • United States
    • Connecticut Supreme Court
    • June 14, 1983
    ...court determines the credibility of witnesses; Faiola v. Faiola, 156 Conn. 12, 15, 238 A.2d 405 [1968]; Romaniello v. Dyna Distributors, Inc., 154 Conn. 605, 606, 227 A.2d 430 [1967]; and the weight of the evidence is not determined by the number of witnesses for or against any one proposit......
  • Herbert v. Smyth
    • United States
    • Connecticut Supreme Court
    • May 10, 1967
    ...of the parties, inspected the premises involved; the viewing supplements the other evidence in the case. See Romaniello v. Dyna Distributors, Inc., 154 Conn. 605, 606, 227 A.2d 430. From all the conflicting evidence, the court has found subordinate facts which support the conclusion that th......
  • Robert Lawrence Associates, Inc. v. Del Vecchio
    • United States
    • Connecticut Supreme Court
    • June 19, 1979
    ...The trial court determines the credibility of witnesses; Faiola v. Faiola, 156 Conn. 12, 15, 238 A.2d 405; Romaniello v. Dyna Distributors, Inc., 154 Conn. 605, 606, 227 A.2d 430; and the weight of the evidence is not determined by the number of witnesses for or against any one proposition.......
  • Kuras v. Kope
    • United States
    • Connecticut Supreme Court
    • November 24, 1987
    ...in the case as any other evidence in the case. Dooley v. Leo, 184 Conn. 583, 587, 440 A.2d 236 (1981); Romaniello v. Dyna Distributors, Inc., 154 Conn. 605, 606, 227 A.2d 430 (1967); W. Maltbie, Connecticut Appellate Procedure § 149. While a view arguably may tend to be more in the ken of d......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT