7 A.2d 436 | Conn. | 1939
A car driven by the plaintiff and a truck driven by one of the defendants were in collision while proceeding in opposite directions on a state highway. The finding discloses that the principal issue litigated was the question as to who was on the wrong side of the highway, although evidence was also introduced on speed and control.
The court charged: "Section 567c of the Cumulative Supplement to the General Statutes, provides as follows: `The operation of a motor vehicle upon any highway at such a rate of speed as to endanger the life of any person other than an occupant of such motor vehicle, or the operation, down grade, upon any highway, of any commercial motor vehicle with the clutch or gears disengaged, or the operation knowingly of a motor vehicle with defective mechanism, shall constitute a violation of the provisions of subsection (a) of section 566c. The operation of a motor vehicle upon any . . . highway at such a rate of speed as to endanger the life of any occupant of such motor vehicle, but not the life of any other person than such an occupant, shall constitute a violation of the provisions of subsection (b) of section 566c.'" There was no pleading, evidence or claim that the truck was operated with the clutch or gears disengaged and the sole ground of appeal is that the court in reading the statute included the portion applicable to such operation.
"Instructions should be confined not only to the issues, but to matters which may be material to the determination of those issues upon the facts as they reasonably may be found in view of the evidence." Radwick v. Goldstein,
As is stated in the defendants' brief, the rule deducible from these cases is that the error in submitting an irrelevant issue to the jury requires a new trial only when this is calculated to prejudice the rights of the appellant. Fine v. Connecticut Co., supra; Pelton v. Spider Lake Sawmill Lumber Co.,
There is no error.
In this opinion the other judges concurred.