99 Conn.
Volume 99 — Connecticut Reports
90 opinions
- 99 Conn. 1Mezzi v. Taylor (1923)
- 99 Conn. 13Lipsher v. Resnikoff (1923)
- 99 Conn. 16Lane v. Ajax Rubber Co. (1923)
- 99 Conn. 18Hegel v. Hegel (1923)
- 99 Conn. 21Archambault v. Jamele (1923)
- 99 Conn. 22First Congregational Society v. City of Bridgeport (1923)
- 99 Conn. 40Canfield Rubber Co. v. Leary (1923)
- 99 Conn. 55West v. H. J. Lewis Oyster Co. (1923)
- 99 Conn. 70Cinque v. Boyd (1923)
- 99 Conn. 95Siro v. American Express Co. (1923)
- 99 Conn. 103State v. Gargano (1923)
- 99 Conn. 115State v. Moran (1923)
- 99 Conn. 122Orentlicherman v. Matarese (1923)
- 99 Conn. 129Shore v. New York, New Haven & Hartford Railroad (1923)
- 99 Conn. 134McLoughlin v. Bridgeport Land & Title Co. (1923)
- 99 Conn. 145Wright v. McCormack (1923)
- 99 Conn. 154Pfeiffer v. Pfeiffer (1923)
- 99 Conn. 158Devereux v. Armstrong (1923)
- 99 Conn. 161Douglass v. Brandt (1923)
- 99 Conn. 164Henault v. Papas (1923)
- 99 Conn. 168Sharfman v. Scoilnick (1923)
- 99 Conn. 169Goodwin v. Mariners Savings Bank (1923)
- 99 Conn. 174Ryle v. Reedy (1923)
- 99 Conn. 180Moran v. Holmes Manufacturing Co. (1923)
- 99 Conn. 187Gorham v. Gorham (1923)
- 99 Conn. 197Dimon v. Romeo (1923)No error
<p>A verdict will not be disturbed if it is one which the jury could reasonably have reached upon the evidence before them.</p> <p>A trading copartnership is in its essence a contract of agency. Each partner is a general agent of the firm, and the firm is the agent of each partner, with power to bind him to a personal liability in favor of partnership creditors.</p> <p>In an action upon a contract against several defendants alleged to be partners, relevant declarations and admissions made by one of them who signed the agreement, may be received in evidence, at the discretion of the trial court, before the partnership is proved; subject, however, to elimination thereafter, as against the other defendants, unless such relation be established.</p> <p>The trial court has the right, in the exercise of its discretion, to determine the order of proof, and unless this discretion be abused, it will not be revised on appeal.</p> <p>The denial of a motion for a nonsuit is not a ground of appeal.</p> <p>A motion to dismiss the case as against two of the defendants, because there was no prima facie evidence of the existence of the alleged partnership other than the declarations above referred to, is in effect merely a motion for a nonsuit as to such defendants; and its denial is not assignable as error.</p>
- 99 Conn. 203Baurer v. Devenis (1923)
- 99 Conn. 217State Ex Rel. White v. Mills (1923)
- 99 Conn. 233Lindquist v. Marikle (1923)
- 99 Conn. 236Jester v. Thompson (1923)
- 99 Conn. 241Smith v. Dotolo (1923)
- 99 Conn. 242State v. Pinagglia (1923)
- 99 Conn. 245Union & New Haven Trust Co. v. Bartlett (1923)
- 99 Conn. 256Galligan v. City of Waterbury (1923)
- 99 Conn. 262Smith v. Weiss (1923)
- 99 Conn. 266Creer v. Active Auto Exchange, Inc. (1923)
- 99 Conn. 282Gallaher v. Southern New , England Telephone Co. (1923)
- 99 Conn. 296L. A. Lockwood, Jr., Inc. v. E. Gross & Co. (1923)
- 99 Conn. 307Todd v. Bradley (1923)
- 99 Conn. 329Underwood Typewriter Co. v. City of Hartford (1923)
- 99 Conn. 343Hartford Builders Finish Co. v. Anderson (1923)
- 99 Conn. 353Palumbo v. George A. Fuller Co. (1923)
- 99 Conn. 366Herzog v. Cooke (1923)
- 99 Conn. 372Safford v. Morris Metal Products Co. (1923)
- 99 Conn. 378State Ex Rel. Adams v. Crawford (1923)
- 99 Conn. 388Lakitsch v. Brand (1923)
- 99 Conn. 396The Martin Tire Rubber Co. v. the Kelly Tire Rubber (1923)
- 99 Conn. 404Wallace v. New York, New Haven & Hartford Railroad (1923)
- 99 Conn. 415Daniels v. F. & W. Grand 5, 10 and 25-Cent Stores, Inc. (1923)
- 99 Conn. 418Kempf v. Wooster (1923)
- 99 Conn. 422Brennan v. Cassidy (1923)
- 99 Conn. 427McEvoy v. McEvoy (1923)
- 99 Conn. 432State v. Schleifer (1923)
- 99 Conn. 446Smith v. Waterbury & Milldale Tramway Co. (1923)
- 99 Conn. 457Hopkins v. Matchless Metal Polish Co. (1923)
- 99 Conn. 468Lehmaier v. Bedford (1923)
- 99 Conn. 474Salemme v. Mulloy (1923)
- 99 Conn. 484McDonnell v. City of New Haven & New Haven City School District (1923)
- 99 Conn. 494Graham v. Southington Bank & Trust Co. (1923)
- 99 Conn. 515Schofield v. Jackson (1923)
- 99 Conn. 523Wells v. Active Automobile Exchange, Inc. (1923)
- 99 Conn. 530Andrews v. Olaff (1923)
- 99 Conn. 541Shoag v. Sheftel (1923)
- 99 Conn. 545Costello v. Seamless Rubber Co. (1923)
- 99 Conn. 551Fordiani's Petition for Naturalization (1923)
- 99 Conn. 562Simmons v. Simmons (1923)
- 99 Conn. 573Duffy v. J. W. Bishop Co. (1923)
- 99 Conn. 582Knox v. Binkoski (1923)
- 99 Conn. 598Gilman v. Gilman (1923)
- 99 Conn. 632Murphy v. Adams (1923)
- 99 Conn. 639Woodruff v. Perrotti (1923)
- 99 Conn. 647Burr v. Tierney (1923)
- 99 Conn. 657Hunt v. Central Vermont Railway Co. (1923)
- 99 Conn. 662Manghue v. Reaney (1923)Error, judgment set aside and new trial ordered
Action against a constable for his alleged failure or neglect to levy an execution upon personal property attached by him in the original action, brought before a justice of the peace in the town of New Hartford and thence, by the defendant’s appeal, to the Court of Common Pleas in Litchfield County where the plaintiff was nonsuited in a trial to the court, Woodruff, J., and from its refusal to set aside such judgment the plaintiff appealed.
- 99 Conn. 665Epstein v. Heimovitch (1923)No error
Action by the payee against the maker of a note, brought to and tried by the City Court of Hartford, Bullard, J.; judgment for the plaintiff for $496.46, and appeal by the defendant.
- 99 Conn. 666Hearn v. E. E. Hilliard Co. (1923)No error
Action to recover damages for causing the death of the plaintiff’s intestate by negligence, brought to the Superior Court in Hartford County where a demurrer to the complaint was overruled (Maltbie, J.), and the case was afterward tried to the jury before Haines, J.; by direction of the court the jury returned a verdict for the defendant, and from the judgment thereon the plaintiff appealed. As to the physical facts there is no controversy.
- 99 Conn. 672Hawthorne Sash & Door Co. v. City of New London (1923)No error
Action of scire facias against a gamish.ee, brought to and tried by the Superior Court in New London County, Jennings, facts found and judgment rendered for the defendant, and appeal by the plaintiff.
- 99 Conn. 677Bates v. Carroll (1923)Error and new trial ordered
Action to recover damages for personal injuries and resulting death, alleged to have been eaused by the defendant’s negligence, brought to the Superior Court in New London County and tried to the jury before Brown, J.; verdict and judgment for the plaintiff for $7,527, and appeal by the defendant.
- 99 Conn. 680Walters v. Hansen (1923)No error
Action to recover damages-for personal injuries alleged to have been caused by the negligence of the defendants, brought to the District Court of Waterbury and tried to the jury before Peasley, J.; verdict and judgment for plaintiff for $1,000, and appeal by the defendants.
- 99 Conn. 683Baggish v. Offengand (1923)No error
Action by the payee against the maker and the indorser of a promissory note, brought to and tried by the Superior Court in Hartford County, Hinman, J.; facts found and judgment rendered for the plaintiff to recover pf the defendant indorser $6,273, and appeal by that defendant.
- 99 Conn. 686Lucier v. Town of Norfolk (1923)No error
Action to recover damages for the alleged breach of a contract to transport school children of the defendant town to and from school over prescribed routes, brought to and tried by the Superior Court in Litchfield County, Wolfe, Jfacts found and judgment rendered for the plaintiff, but for $35 only, from which he appealed.
- 99 Conn. 703Fisher v. Hanson (1923)Error and new trial ordered
Action by a real-estate broker to recover Ms commission for procuring a sale of tbe defendants’ premises, brought to the Court of Common Pleas in Hartford County and tried to the jury before Dickenson, J.; verdict and judgment for the defendants, and appeal by the plaintiff.
- 99 Conn. 708Hurlburt v. Bussemey (1923)Motion granted in part
Motion in writing by plaintiff to this court for an order requiring the Hon. George, E. Hinman, a Judge of the Superior Court, to certify all the evidence in the case and cause the samé to be printed as part of the record on appeal.
- 99 Conn. 711Rozycki v. Yantic Grain & Products Co. (1923)No error
<p>Where} as in the present case, the determination of whether one exercised reasonable care or not, depends upon whether he acted as an ordinarily prudent person would have acted under like circumstances, the question thus presented is one of fact, and the conclusion of the trier thereon, unless unreasonable, is final.</p> <p>The question whether the trial court, upon the facts found, has applied the correct standard of care to the conduct of a litigant, is one of law and is reviewable by this court on appeal.</p> <p>The mere fact that a plaintiff, driving his properly equipped automobile at a reasonable speed, is unable to stop it on a slippery road and during a severe storm, in time to avoid a collision with a motor-truck left standing unattended in the highway at night without any tail-light, does not necessarily and as matter of law establish negligence upon his part; for the question still remains whether his conduct, in view of all the attendant circumstances and conditions, measures up to that of an ordinarily prudent person, which is the standard required by law in this State.</p> <p>An automobile driver on the highway has the right to assume that others driving cars will observe the rules prescribed by law respecting lights upon the rear of their vehicles.</p>
- 99 Conn. 717Desanto v. Denicola (1923)No error
Action to recover damages for slander, brought to and tried by the City Court of New Haven, Hoyt, J.; facts found and judgment rendered for the plaintiff for $100, and appeal by the defendant.
- 99 Conn. 720Morehouse v. Morehouse Brothers Co. (1923)No error
Action to recover damages for personal injuries alleged to have been caused by the negligence of a servant of the defendant, brought to the Superior Court in New Haven County and tried to the jury before Marvin, J.; verdict for the plaintiff to recover $12,500, which, upon the defendant’s motion, was set aside, and from this decision of the trial court the plaintiff appealed.
- 99 Conn. 723Lukosevicia v. Bartow (1923)Error and new trial ordered
Action for damages for death alleged to have been caused by defendant’s negligent operation of a motorcar on the highway, brought to the Superior Court in New Haven County and tried to the jury before Wolfe, J.; verdiet and judgment for defendant, and appeal by the plaintiff. The plaintiff’s claims as to defendant’s negligence, as alleged in the complaint and made at the trial, were as follows:— “2.
- 99 Conn. 729Conti v. Seltzer (1923)No error
Action to recover damages for injuries to the person and property of the plaintiff caused by the alleged negligence of the defendant’s servant in the operation of an automobile, brought to the Superior Court in Hartford County and tried to the jury before Banks, J.; the jury returned a verdict for the plaintiff for $3,500, which the trial court set aside as excessive after the plaintiff had declined to file a. remittitur for $1,000 as suggested by the trial judge, and from…
- 99 Conn. 731Tierney v. Rotante (1923)No error
Action to recover damages for personal injuries alleged to have been caused by the negligence of the. defendant, brought to the Superior Court in Fairfield County and tried to the jury before Wolfe, J.; verdict and judgment for the plaintiff for $2,000, and appeal by the defendant from the denial of his motion to set the verdict aside.
- 99 Conn. 732Grolock v. Haefenfeldtz (1923)No error
Suit to secure the erasure of a deed from the land records of Bridgeport, upon the ground that it had never been delivered by the grantor, since deceased, brought to and tried by the Superior Court in Fairfield County, Brown, J.; facts found and judgment rendered erasing the deed from the land records, and appeal by the defendants.