Yasevac v. New Haven & S. L. Ry. Co., Inc.

• Decision Date: 08 November 1939
• Citation: Yasevac v. New Haven & S. L. Ry. Co., Inc., 9 A.2d 278, 126 Conn. 27 (Conn. 1939)
• Parties: YASEVAC v. NEW HAVEN & S. L. RY. CO., Inc.
• Court: Connecticut Supreme Court

9 A.2d 278

126 Conn. 27

YASEVAC v. NEW HAVEN & S. L. RY. CO., Inc.

Supreme Court of Errors of Connecticut.

November 8, 1939

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

Action by Robert Yasevac, administrator of the estate of Joseph Yasevac, deceased, against New Haven & Shore Line Railway Company, Incorporated, for the death of plaintiff's intestate, which was alleged to have been caused by the negligence of the defendant in the operation of a bus by which plaintiff's intestate was struck. Verdict and judgment for plaintiff after trial to jury, and the defendant appeals.

No error.

William H. Tribou and Edward I. Taylor, both of Hartford, for appellant.

Louis Weinstein, of New Haven, and Cornelius T Driscoll, of Branford, for appellee.

Argued Before MALTBIE, C.J., and HINMAN, AVERY, BROWN, and JENNINGS JJ.

JENNINGS, Judge.

Plaintiff's intestate, Joseph Yasevac, was killed by a bus operated by the defendant. The jury brought in a verdict for the plaintiff. The defendant appealed from the denial of its motion to set aside the verdict. The only question in the case is whether the plaintiff's intestate was guilty of contributory negligence as a matter of law.

The jury could have found the following facts: Yasevac had for some time been engaged with others in clearing up the damage done by the hurricane along the Boston Post Road just east of Clinton. The road at the point where the accident occurred was straight for a long distance, surfaced with black tar, and about thirty-five feet wide including the two shoulders, which together measured about seven feet. There was a white line in the center of the highway. The work of Yasevac and his companions consisted of loading brush onto a truck to be carried away and burned. The truck was parked facing west on the south side of the highway. Its right wheels were just at the edge of the highway proper as distinguished from the shoulders and the left wheels were next to the snow bank at the side of the road. About four hundred feet west of the truck was a sign reading ‘ Slow-Men Working on Trees' which carried a red flag about eight inches square.

Yasevac was seated in the cab of the truck on the extreme right of the seat. There was a man on his left. The foreman ordered him and his companion to help load the tools onto the truck. Yasevac partially opened the door to his right and got out. As soon as he had both feet on the ground, being at that time about one foot from the side of the truck, he was struck and killed by the right front of the bus operated by the defendant. The bus was approaching the truck from the west. There was no other traffic. The driver knew of the work being done at that point and saw the warning sign. He was traveling at a speed of forty-five miles an hour and varied neither his speed nor his course after passing the...