Upson v. General Baking Co.

• Decision Date: 04 November 1931
• Citation: Upson v. General Baking Co., 113 Conn. 787, 156 A. 858 (Conn. 1931)
• Court: Connecticut Supreme Court
• Parties: UPSON v. GENERAL BAKING CO. et al.

156 A. 858

113 Conn. 787

UPSON v. GENERAL BAKING CO. et al.

Supreme Court of Errors of Connecticut.

November 4, 1931

Appeal from Superior Court, Hartford County; Frederick M. Peasley Judge.

Action by Helen Upson against the General Baking Company and others to recover damages for personal injuries, alleged to have been caused by the negligence of one of the defendants and the heedless and reckless disregard of the rights of others by the other defendant, and tried to the jury.The court directed a verdict for the defendant the General Baking Company, and verdict and judgment were rendered for the plaintiff against the defendant Upson, from which he appealed.

No error.

William A. Bree and H. Frederick Day, both of New Haven, for appellant Upson.

Edward S. Pomeranz, S. Polk Waskowitz, and George Miske, all of Hartford, for appellee.

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

PER CURIAM.

The plaintiff was riding as a gratuitous guest in an automobile owned and driven by the defendant Upson, hereafter referred to as the defendant, and sustained injuries by reason of the latter driving off the road in attempting to pass a truck owned by the defendant the General Baking Company.The jury might reasonably have found that the defendant was proceeding at a very rapid rate of speed when about 300 feet behind the truck; that at that time the truck driver put out his hand indicating a turn to the left, slowed his car, and began gradually to make a turn into a driveway: that this signal was called to the defendant's attention...