Public-domain · open source
OpenJurist

147 Conn. 719

Brooks v. Singer

Supreme Court of Connecticut

Decided March 1, 1960

Supreme Court of Connecticut · decided 1960-03-01

Relies on E. M. Loew's Enterprises, Inc. v. Surabian · Butler v. Steck · Pischitto v. Waldron

Good law ✅— No negative treatment on recordhow we know

Decided 1960-03-01

How this case has been cited

Cited by 32 later decisions — most recently April 2000 · most notably A-G Foods, Inc. v. Pepperidge Farm, Inc. (1990), State v. Manning (1971)

31 state decisions

12019601970198019902000decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

Per Curiam.

¶1The sole question on this appeal is whether the trial court erred in granting the motion to set aside the verdict as to certain of the plaintiffs unless they filed remittiturs. In such a case, it is the action of the trial court which is reviewed, and that action will not be reversed unless the broad legal discretion vested in the trial court was abused. *720Butler v. Steck, 146 Conn. 114, 117, 148 A.2d 246; Pischitto v. Waldron, 147 Conn. 171, 175, 158 A.2d 168. In its memorandum of decision, the trial court, after a careful review and analysis of the evidence relating to damages, concluded that the verdict was, as to certain of the plaintiffs, influenced by partiality, prejudice or mistake. This conclusion is fortified by the fact that the jury at one point brought in a verdict which was, as to three other plaintiffs, contrary to the express instructions of the charge.

¶2The appellants failed to file an appendix to their brief pursuant to the rules. Practice Book §§447, 448; Maltbie, Conn. App. Proc., §§ 330, 331. In determining whether the trial court abused its discretion, we must make every reasonable presumption in favor of the correctness of its action. E. M. Loew’s Enterprises, Inc. v. Surabian, 146 Conn. 608, 612, 153 A.2d 463. From the evidence which has been made available to us through the defendant’s appendix, which was the only evidence before us, it appears that the court was amply justified in taking the action which it did.

¶3There is no error.

/147/conn/719 · .json · Public domain