Thе plaintiff Yvonne Lowell was the owner and operator of a motor vehicle in which the minor plaintiffs, Denise Lowell and Yvonne Rose Lowell, who bring this action by their father and next friend, Gilbert Lowell, werе passengers. Gilbert also sues, as an individual plaintiff, to recover expenditures made by him as the husband of Yvonne and father of Denise and Yvonne Rose. The plaintiffs’ car was struck in the rear by a car owned by the defendant Francis E. Daly and operated as a family car by the defendant Thomas E. Daly. Both cars were traveling southerly along Garden Street in Hartford, and the collision took place while the plaintiffs’ car was stopped at a stop sign at the intersection with Charlotte Street.
The plaintiffs complain of the court’s refusal to
The plaintiffs claim error in the court’s charge ns to the so-called “following too closely” statute, General Statutes § 14-240. They had filed a request to charge which in effect merely quoted the statute and stated that its violation would constitute negligence per se and that such negligence, if it was a proximate cause of the collision, would render the defendants liable. The charge requested was in substance given.
The court in effect charged that if the plaintiffs’ car was stopped at the stop sign when the defendant оperator first saw it, or in the exercise of reasonable care should have seen it, then the statute did not apply. At the close of the charge, the plaintiffs excepted to this restriction on the applicability of the statute. Under the second paragraph of §153 of the Practice Book, “[a]ny party intending to claim the benefit of . . . any .specific statute shall file a written request to charge on the legal principle involved.” The phrase “on the legal principle involved” requires more than .a mere reference to, or quotation of, the statute
The instant case did not involve a situation where the trial court unexpectedly charged on an inapplicable statute, аs in cases such as
Angelino
v.
Hersey,
Quite apart from the technical requirements of § 153 or any other rule, it is sound practice to submit requests to charge, with supporting citations, covering unusual or difficult legal points as early in a trial as is reasonably possible, so as to accord the court a fаir opportunity for study and consideration of the questions involved. Although attorneys have the opportunity to prepare a case over a considerable period of time in advance of trial, the court does not ordinarily have a chance even to see the pleadings until the commencement of the trial. A principal purpose of § 153, as of many other proсedural rules, is to obviate error and thereby avoid the necessity for retrials, with the attendant expense to litigants and the public. See cases such as
Towhill
v.
Kane,
Another assignment of error relates to the ex-
The plaintiffs assign error in the refusal of the court to set aside the verdict as against the evidence. There was evidence that the highways traversed by the defendant operator up to the scene of the collision had been clear except for patches of snow and that he was operating his сar with reasonable care, but that there was glare ice in the immediate vicinity of the collision and that his car
The remaining assignments of error do not require discussion.
There is no error.
In this opinion the other judges concurred.
