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95 Conn. 617

111 A 908

Chernov v. Blakeslee

Supreme Court of Connecticut

Decided January 6, 1921

Supreme Court of Connecticut · decided 1921-01-06

Action to recover damages for personal injuries alleged to have been caused by the negligence of the defendants’ servant, brought to the Superior Court in New Haven County where a plea in 'abatement was overruled (Curtis, J.), and the cause was afterward tried to the jury before Banks, J.; verdict and judgment for the defendants, and appeal by the plaintiff.

Cited by 3 later decisions — most recently December 1938

3 state decisions

Relies on Jordan v. Apter

Good law ✅— No negative treatment on recordhow we know

No error · Decided 1921-01-06

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Per Curiam.

¶1 The evidence shows that several children, including the seven-year old plaintiff, gathered about the defendants’ steam roller while it was taking on water from a hydrant. When the operator was ready to start the machine, he warned the children to get out of the way and supposed they had done so. The plaintiff followed the machine, walking alongside of one of the large roller wheels, which concealed him from the operator, and after a time his foot was caught under it and crushed.

¶2 On the issues of negligence and contributory negligence, no question of law is presented by this testimony; and the jury might, and did decide, one or both of those issues adversely to the plaintiff.

¶3 On the issue of contributory negligence, the jury were fully and properly charged that they were to determine what degree of care might reasonably be expected of a boy of the age, judgment, mentality and experience of the plaintiff, and then to determine whether the plaintiff exercised such care.

¶4 On the question whether the defendants and their servant were in the exercise of due care, the fact that the street was closed to traffic was one of the circumstances which the jury might take into account. The evidence of that fact was admissible, and the charge of the court on that point correct.

¶5 The hospital record, except as to dates of admission *619 and discharge, which were admitted, was not admissible as independent proof of the statements of fact contained therein. Jordan v. Apter, 93 Conn. 302, 105 Atl. 620. The court did not err in refusing to set aside the verdict for the defendant.

¶6 There is no error.

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