138 Conn. 183 | Conn. | 1951
Lead Opinion
The plaintiff brought suit against the defendants for injuries which he suffered when the bus he was operating collided with a truck which was owned by the named defendant and driven by the defendant Carroll. The jury returned a verdict in the plaintiff’s favor. The court denied the motion of the defendants to set the verdict aside and they appealed. The issue is whether the court erred in denying the motion.
The trial court filed the following memorandum of decision: “Just after one o’clock on the morning of January 31, 1948, the plaintiff was operating an empty passenger bus easterly along Grand Avenue in New Haven, toward the intersection of Grand Avenue and East Street. The defendant {Carroll} was driving a tractor-trailer oil truck northerly along East Street toward the same intersection. An overhead traffic light was set to flash yellow intermittently. Since the defend
A majority of the court hold that the memorandum filed by the trial court in denying the motion to set aside the verdict adequately disposes of the only issue on appeal. The situation is similar to that in Brangi v. Marshall, 117 Conn. 675, 168 A. 21; and see Camarotta v. Kling, 108 Conn. 602, 604, 143 A. 881. In the instant case, as in the Brangi case, the jury could have found
There is no error.
In this opinion Brown, C. J., Inglis and O’Sullivan, Js., concurred.
Dissenting Opinion
(dissenting). General Statutes, § 2489 (a) (at the time of the accident, General Statutes, Sup. 1947, § 329i) requires that each 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.” If applicable to a given situation, the statute establishes a mandatory rule of conduct