Sutton v. Hauk

• Decision Date: 14 June 1928
• Court: Connecticut Supreme Court
• Parties: SUTTON ET AL. v. HAUK ET AL.

142 A. 385

108 Conn. 9

SUTTON ET AL. v. HAUK ET AL.

Supreme Court of Errors of Connecticut.

June 14, 1928

Appeal from Superior Court, Hartford County; L. P. Waldo Marvin Judge.

Action by Grace Sutton and another against Joseph Hauk and one Sullivan to recover damages for personal injuries to the named plaintiff because of defendants' negligence. Tried to the jury. Verdict and judgment for plaintiffs against defendant Sullivan, and for defendant Hauk, and plaintiffs appeal. No error.

Instruction that automobilist's speed or lack of control, preventing him from avoiding collision with defendant's automobile could be regarded as proximate cause thereof held not erroneous.

Ralph O. Wells, of Hartford, for appellants.

Abraham S. Bordon and Harold Borden, both of Hartford, for appellee Hauk.

Argued before WHEELER, C.J., and MALTBIE, HAINES, HINMAN, and BANKS, JJ.

HINMAN, J.

An automobile driven by the defendant Sullivan, in which the plaintiff Sutton was a passenger, and one driven by the defendant Hauk, collided in the intersection of Center and McKee streets in Manchester. The only allegation of negligence on the part of Hauk, upon which recovery was claimed on the trial, was that, before entering the intersection from McKee street, he stopped or slowed down his car, as if to allow that in which Miss Sutton was riding to pass in front of him, and then, suddenly, without warning, started his car and drove it into the path in which the Sullivan car was traveling.

The jury might reasonably have found, from the evidence, that as Hauk approached the intersection on McKee street, from Sullivan's right, he ascended a sharp grade in second gear, stopped at the top of the grade just before entering the intersection to see if any cars were approaching on Center street, saw the Sullivan car nearly 200 feet away, to his left, and started ahead across Center street; that when he reached the middle of the street, and saw that Sullivan was turning to the left as if to pass in front of him, he stopped his car, but that the Sullivan car skidded from 40 to 60 feet along trolley tracks, which were located in the center of the street, and collided with his car. There was evidence that, although the street was icy and extremely slippery, Sullivan was driving at about 35 miles per hour up to a few hundred feet westerly from McKee street and at about 25 miles per hour thereafter. The trial court was fully warranted in denying the motion to set aside the verdict in favor of Hauk as against the evidence.

After the jury had deliberated for two hours they returned and requested further instructions as to the rules pertaining to right of way as involved in the case, and certain instructions were given them. The jury then requested that the testimony of Hauk be read to them, and, after a recess this was done, after which the court gave further brief instructions. Adjournment was then taken to the next morning, when the court, with the...