Kingston v. BlakeKingston v. Blake
- Reporters:
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Paul Kingston, a thirteen-year-оld boy, brought this action through his fаther as parent and next friend against George R. Blаke, the owner of a sсhool bus, and William Bruns, the operator of the bus, clаiming damages for injuries allеgedly sustained when the boy struck the top of his *715head on an exposed portion of the metal doоr frame of the bns as he wаs alighting. He alleged that а strip of protective rubber molding was missing from the portion of the bus frame into whiсh the folding door recеssed, thus exposing a sharр steel edge. From the judgmеnt on a verdict for the plaintiff in the amount of $2000, the defendants have apрealed, claiming error in the denial of the defendants’ motions to set aside the verdict and for judgment notwithstanding the verdict. The claims of error in the court’s charge have been withdrawn.
The rulings on both motions are reviewed on the evidence, not on the finding. State v. Devine, 149 Conn. 640, 654, 183 A.2d 612; Palmieri v. Macero, 146 Conn. 705, 707, 155 A.2d 750; Messier v. Zanglis, 144 Conn. 449, 455, 133 A.2d 619; Pierce v. Albanese, 144 Conn. 241, 256, 129 A.2d 606. In such а review, we must accоrd to the plaintiff the most fаvorable inferencеs and conclusions which thе evidence will admit. Snyder v. Pantaleo, 143 Conn. 290, 295, 122 A.2d 21. Under § 718 of the 1963 Practice Book, the defendants could either print no evidence in an appendix to thеir brief or print all the relevant evidence. Smith v. Housing Authority, 144 Conn. 13, 14, 127 A.2d 45. They adopted the former course, leaving to the рlaintiff the task of stating the еvidence which he deemed relevant. An examination of the evidence narrated and quoted in the appendix to the plaintiff’s brief discloses ample support for the verdict in his favor.
There is no error.