Shaughnessy v. Morrison

Citation116 Conn. 661,165 A. 553
CourtSupreme Court of Connecticut
Decision Date16 May 1933
PartiesSHAUGHNESSY v. MORRISON.

Appeal from Superior Court, New Haven County; John Richards Booth Judge.

Action by Esther Shaughnessy against Howard Morrison to recover damages for injuries caused by the negligent operation of an automobile. The case was tried to the court, and from a judgment for plaintiff, defendant appeals.

No error.

Evidence supported finding that defendant was driving automobile at time of collision.

John F. McDonough, of Waterbury, for appellant.

Thomas R. Fitzsimmons and William F. Geenty, both of New Haven (Philip R. Pastore, of New Haven, on the brief), for appellee.

AVERY Justice.

The trial court has found the following facts: The Boston Post Road, which extends from New London to New Haven is a concrete highway; and, as it approaches Guilford, it divides the left branch turning into the town at an angle of approximately 45 degrees, while the right branch continues substantially straight with a slight curve to the left in the direction of New Haven. On this branch, a little distance east of the point of separation, a slight downgrade begins and continues in a westerly direction for a considerable distance. Drivers of vehicles cannot observe cars coming from the opposite direction until close to the top of the grade. At the point of the collision, hereinafter referred to, and for a considerable distance east and west thereof, a white line was painted in the highway. This line was not in the center but divided the road in such a manner that the northerly part was substantially less in width than the sontherly part. May 11, 1931, plaintiff was driving her automobile towards New Haven, and, as she approached Guilford, intended to continue straight ahead on the right-hand branch. At that time, the defendant was traveling in an easterly direction, driving an automobile owned by one Marshall Guill in which the latter was then riding. As the two cars arrived at a point about 200 feet cast of the fork of the roads, they collided. At the time plaintiff's car was traveling on her right, or north, of the center of the highway although slightly to the left of the white line, and was in such a position that at no time prior to the collision was it necessary for her to turn to the right to allow any automobile coming in the opposite direction to pass. Immediately prior to the collision, the defendant was traveling at a high rate of speed, considably to his left of the center of the highway. There was no other traffic on the road at the time.

The appellant claims error in the action of the trial court First, in finding that the defendant was the driver of the car which collided with the plaintiff; and, second, in overruling defendant's claim that the plaintiff was guilty of contributory negligence. The appellant contends that there was no credible evidence that the defendant Morrison was the operator of the Guill car. The court, however, has found, and the finding is supported by evidence, that both the defendant and Guill were employed by the same manufacturing company in Providence; and, at the time of the accident, were on their way to the headquarters of that company; that after the...

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29 cases
  • In re Noah B., No. CP00-013544-A (CT 2/16/2005)
    • United States
    • Connecticut Supreme Court
    • February 16, 2005
    ... ... Shaughnessy v. Morrison, 116 Conn. 661, 664, 165 A. 553 (1933).' (Internal quotation marks omitted.) Garrett's Appeal from Probate, 44 Conn.Sup. 169, 186, 677 ... ...
  • Fellows v. Farmer
    • United States
    • Missouri Court of Appeals
    • May 5, 1964
    ... ... See also MacGregor v. Bradshaw, 193 Va. 787, 71 S.E.2d 361(4); State v. Ewing, 250 Minn. 436, 84 N.W.2d 904(1, 8); Shaughnessy v. Morrison, 116 Conn. 661, 165 A. 553(1); Fuller v. Bailey, 237 S.C. 573, 118 S.E.2d 340; Stegall v. Sledge, 247 N.C. 718, 102 S.E.2d 115(3, 8); ... ...
  • Garrett's Appeal From Probate
    • United States
    • Connecticut Superior Court
    • September 8, 1994
    ... ... and logical inferences from facts existing prior to or subsequent to an event for the purpose of reaching a conclusion of fact." Shaughnessy v. Morrison, 116 Conn. 661, 664, 165 A. 553 (1933). "The law does not distinguish between direct and circumstantial evidence as far as probative ... ...
  • Marean v. Petersen
    • United States
    • Iowa Supreme Court
    • September 20, 1966
    ... ... Swagler, 308 N.Y. 325, 125 N.E.2d 592, 593--595; Kimberly v. Reed, 79 Ga.App. 137, 53 S.E.2d 208, 214; and Shaughnessy v. Morrison, 116 Conn. 661, 165 A. 553, 554 ...         The trial court so found and there is to us no cause to disagree. See 61 C.J.S ... ...
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