Vecchiarelli v. Weiss
Decision Date | 08 May 1951 |
Citation | 137 Conn. 660,81 A.2d 123 |
Court | Connecticut Supreme Court |
Parties | VECCHIARELLI v. WEISS et al. Supreme Court of Errors of Connecticut |
Irwin E. Friedman and Arthur Levy Jr., Bridgeport, for appellants.
Michael J. Sicilian, Bridgeport, for appellee.
Before BROWN, C. J., and JENNINGS, BALDWIN, INGLIS and O'SULLIVAN, JJ.
O'SULLIVAN, Judge.
The plaintiff sued for injuries received in an automobile accident. He had a verdict. The defendants have appealed. It is necessary to discuss only that assignment of error addressed to the charge.
The accident happened in Bridgeport at about 1:30 p. m. on December 3, 1947. It occurred within an intersection into which the plaintiff's automobile had entered from the south and the defendants' from the east. Upon the claims of proof, as corrected, the defendants were entitled to have the jury instructed on the statutory rule concerning the right of way at intersections.
Section 392i of the 1947 Supplement, now found in § 2489 of the General Statutes, provided: 'Each driver or operator of a vehicle approaching any intersecting public street or highway shall grant the right of way at such intersection to any vehicle approaching from his right, provided such vehicles are arriving at such intersection at approximately the same time * * *.' The court's instructions on this statute were the following: At the conclusion of the charge, objection was made to the foregoing.
The statute has been before us for consideration on many occasions. 1 Its underlying purpose is to prevent collisions at intersections. McNaught v. Smith, 127 Conn. 450, 453, 17 A.2d 771; Mathis v. Bzdula, 122 Conn. 202, 205, 188 A. 264. The statute establishes a mandatory rule of conduct for operators of all vehicles. Andrew v. White Line Bus Corporation, 115 Conn. 464, 466, 161 A. 792. It is subject to no exceptions in the absence of traffic signals or officers directing traffic. General Statutes, §§ 2489, 2518. No exception was applicable in the instant case.
The arrival of the vehicles at the intersection at approximately the same time is the essential element which gives the right of way to the driver of the vehicle on the right. Neumann v. Apter, 95 Conn. 695, 701, 112 A. 350, 21 A.L.R. 970. It is true, as the court attempted to point out, that the test for resolving this element is whether an ordinarily prudent person in the position of the driver of the car on the left would reasonably believe that, if the two automobiles continued to proceed at the speed at which they were then moving, such continuance on their respective courses would involve the risk of collision. Neumann v. Apter, supra. If, however, the application of this test determines that the two vehicles are approaching the intersection at approximately the same time, the duty of the driver on the left to yield the right of way becomes absolute. Service Fire Ins. Co. v. Brodner, 130 Conn. 223, 225, 33 A.2d 138. On this phase of its instructions the court was in error in substituting the test of reasonable care for the mandatory requirement of the statute.
There is error, the judgment is set aside and a new trial is ordered.
In this opinion the other Judges concurred.
To continue reading
Request your trial- Hartford Nat. Bank & Trust Co. v. Yearly Meeting of Friends for New England
-
De Palma v. Cappella
...automobile in violation of General Statutes § 14-245; and that the failure to do so constituted negligence. Vecchiarelli v. Weiss, 137 Conn. 660, 662, 663, 81 A.2d 123. Whether the defendant operator was also negligent is of no consequence because the jury had to conclude that the negligenc......
-
Clement v. Del Vecchio
... ... Vecchiarelli v. Weiss, 137 Conn. 660, ... 663, 81 A.2d 123. Even if the defendant had stopped at the stop sign, she would have had the right to proceed through ... ...
-
State v. Alterio
...principle involved. Practice Book § 250; Gigliotti v. United Illuminating Co., 151 Conn. 114, 117, 193 A.2d 718; see Vecchiarelli v. Weiss, 137 Conn. 660, 662, 81 A.2d 123. This assignment of error, as well as the one commingled with it concerning the standard of care applicable to a minor,......