(DOWNLOAD) "Palombizio v. Murphy" by Supreme Court of Connecticut " eBook PDF Kindle ePub Free
eBook details
- Title: Palombizio v. Murphy
- Author : Supreme Court of Connecticut
- Release Date : January 28, 1959
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 57 KB
Description
The plaintiff brought this action to recover
damages for injuries he sustained while riding
as a passenger in an automobile operated by the
defendant Seremet when it came into collision
with an automobile operated by the defendant
Murphy. Murphy suffered a default and judgment
was rendered against both defendants. Seremet
appealed. Assignments of error directed to the
subordinate facts found by the trial court are
not discussed in Seremet's brief and are treated
as abandoned. Maltbie, Conn. App. Proc. 327.
The dispute between the parties concerns the
conclusions drawn by the
[146 Conn. 354]
trial court from the subordinate facts found.
These facts, so far as necessary for a
consideration of the errors assigned, are as
follows: On June 23, 1955, at about 7:30 p.m.,
Seremet was operating his automobile easterly on
the eastbound traffic lane of the Merritt Parkway
at a point about two-tenths of a mile west of the
New Canaan town line. The plaintiff was asleep on
the rear seat, and another passenger, Stephen
Wasik, was riding in the front seat with Seremet.
The three were returning from New York City, where
they had conferred with officials of the Knights
of Columbus concerning the establishment of a
local council in Newington, Connecticut, where
they lived. As they drove along, Seremet and Wasik
were discussing the business on which they had
gone to New York. It was light, the weather was
clear, and the roadway dry. The eastbound and
westbound lanes of the parkway were separated by
an esplanade which was twenty-one feet wide at
this point. As his automobile was proceeding along
a gradual southerly curve in the highway, and with
a clear and unobstructed view of the highway ahead
of him for more than 1000 feet, Seremet saw a
cloud of dust rise about 600 feet away in the
north or westbound half of the parkway. He did not
watch this cloud of dust or attempt to ascertain
its cause. Instead he took his eyes off the road
and turned his head to the right toward Wasik,
who was taking some papers connected with their
business out of his coat pocket to show them to
Seremet. Before Seremet returned his eyes to the
road, there was a terrific collision between his
car and that of the defendant Murphy. Seremet
never saw the Murphy car.