Rosenberg v. Matulis

• Decision Date: 16 May 1933
• Citation: 166 A. 397,116 Conn. 675
• Court: Connecticut Supreme Court
• Parties: ROSENBERG v. MATULIS et al.

166 A. 397

116 Conn. 675

ROSENBERG v. MATULIS et al.

Supreme Court of Errors of Connecticut.

May 16, 1933

Appeal from Superior Court, Hartford County; John Rufus Booth Judge.

Action by Eva Rosenberg against John J. Matulis and another to recover damages for personal injuries, alleged to have been caused by the negligence of the defendants, tried to the court. From a judgment in favor of the plaintiff, the defendants appeal.

No error.

Richardson Bronson, of Waterbury (J. Warren Upson, of Waterbury, on the brief), for appellant Fanion.

Ralph O. Wells, of Hartford (William S. Locke, of Hartford, on the brief), for appellant Matulis.

Edward S. Pomeranz, of Hartford (S. Polk Waskowitz, of Hartford, on the brief), for appellee.

MALTBIE, Chief Justice.

The plaintiff brought this action to recover damages for injuries suffered in a collision between two automobiles, one a taxicab in which she was riding as a passenger for hire and which was owned by one of the defendants and being operated at the time by his agent within the scope of his employment, and the other an automobile operated by the defendant Matulis. The trial court gave judgment for the plaintiff against both defendants, and both have appealed. The finding states the following facts: The collision occurred at a street intersection. It was night and the headlights on both cars were lighted. The taxicab was proceeding southerly on Linwood street in New Britain, and Matulis was driving easterly on Shuttle Meadow avenue, so that he was approaching the intersection upon the right of the taxicab. At the northwest corner of the intersection is a hedge which makes an automobile approaching from the north on Linwood street, when it is any substantial distance from the intersection, practically invisible to a driver proceeding easterly on Shuttle Meadow avenue when he is any substantial distance west of that intersection. The driver of the taxicab, who was familiar with the intersection and knew that the hedge obscured his view to the right, stopped his car about even with the end of it, where he had a clear view to his right along Shuttle Meadow avenue. Though the other automobile was in plain view, he did not see it until the moment of the collision. Matulis had two passengers in his car, which was a coupé, and as it approached the intersection they were discussing plans for the evening. When the car reached a point about fifty feet westerly of the westerly curb line of Linwood street, Matulis turned his eyes to the right to speak to the passengers in it and took them off the road. His car was then proceedings at the rate of twenty-five miles an hour. When he was about twenty-five feet westerly of the westerly curb of Linwood street, he looked forward again and then first saw the taxicab which was just starting up from its stop and entering the intersection. He applied his brakes with full force and had almost stopped when the collision occurred. The speed of the...