" If the defenses are clearly distinct, the fact that one has not been specially pleaded, though it should have been; will not prevent the application of the rule. Knight Realty Co. v. Caserta, 126 Conn. 162, 168, 10 A.2d 597; Altieri v. Peattie Motors, Inc., 121 Conn. 316, 320 185 A. 75; Hasler v. T. H. Canty Co., 138 Conn. 343, 346, 84 A.2d 577; Hardy v. Weitzman, 147 Conn. 727, 728, 162 A.2d 507. The plaintiff seeks to avoid the curative effect of the general verdict by pointing to a claimed error in the branch of the charge dealing with the defendant's denial of negligence.

One line of authority holds that reversal is improper where no error is found as to one of the issues, as the appellant is unable to establish that he has been prejudiced. Berger v. Southern Pacific Co., 144 Cal.App.2d 1, 300 P.2d 170 (Cal. 1st DCA 1956); Altieri v. Peattie Motors, Inc., 121 Conn. 316, 185 A. 75 (1936); Knisely v. Community Traction Co., 125 Ohio St. 131, 180 N.E. 654 (1932); Dwyer v. Christensen, 77 S.D. 381, 92 N.W.2d 199 (1958). This is known in jurisprudence as the "two issue" rule.

One line of authority holds that reversal is improper where no error is found as to one of the issues, as the appellant is unable to establish that he has been prejudiced. Berger v. Southern Pacific Co., 144 Cal.App.2d 1, 300 P.2d 170 (Cal. 1st DCA 1956); Altieri v. Peattie Motors, Inc., 121 Conn. 316, 185 A. 75 (1936); Knisely v. Community Traction Co., 125 Ohio St. 131, 180 N.E. 654 (1932); Dwyer v. Christensen, 77 S.D. 381, 92 N.W.2d 199 (1958). This is known in jurisprudence as the "two issue" rule.

That is the decisive test.' If the defenses are clearly distinct, the fact that one has not been specially pleaded, though it should have been, will not prevent the application of the rule. Knight Realty Co. v. Caserta, 126 Conn. 162, 168, 10 A.2d 597; Altieri v. Peattie Motors, Inc., 121 Conn. 316, 320, 185 A. 75; Hasler v. T. H. Canty Co., 138 Conn. 343, 346, 84 A.2d 577; Hardy v. Weitzman, 147 Conn. 727, 728, 162 A.2d 507." Royal Homes, Inc. v. Dalene Hardwood Flooring Co., 151 Conn. 463, 466, 199 A.2d 698.

In the absence of such an exception by the defendants, a motion for a mistrial, or a request to charge made before the charge, we cannot say that the trial court abused its discretion. Weller v. Fish Transport Co., 123 Conn. 49, 61, 192 A. 317; Altieri v. Peattie Motors, Inc., 121 Conn. 316, 322, 185 A. 75; State v. Laudano, 74 Conn. 638, 646, 51 A. 860." "Unless a substantial injustice is shown, we are not required on appeal to entertain a claim which was not made in or passed upon by the trial court.

In the absence of such an exception by the defendants, a motion for mistrial, or a request to charge made before the charge, we cannot say that the trial court abused its discretion. Weller v. Fish Transport Co., 123 Conn. 49, 61, 192 A. 317; Altieri v. Peattie Motors, Inc., 121 Conn. 316, 322, 185 A. 75; State v. Laudano, 74 Conn. 638, 646, 51 A. 860. The defendants gain nothing by their exception to that portion of the charge relating to the failure of Merrill to testify as a witness.

Obviously, to apply the rule concerning a general verdict to various grounds of defense admissible under mere denials of a complaint would be to produce the very evils we were seeking to avoid, as regards complaints, by our decision in Ziman v. Whitley. Consideration has led us to the conclusion that the rule concerning the effect of a general verdict, with the consequent right of the parties to have interrogatories submitted, should not be applied to grounds advanced to defeat the claimed cause of action which are admissible under mere denials of the facts alleged in the complaint, Krowka v. Colt Patent Fire Arm Mfg. Co., 125 Conn. 705, 708, 8 A.2d 5, but should be applied between such matters and matters which are or should be specially pleaded or upon two or more defenses of the latter class Beauton v. Connecticut L. P. Co., 125 Conn. 76, 83, 3 A.2d 315. It is true that in Altieri v. Peattie Motors, Inc., 121 Conn. 316, 320, 185 A. 75, we applied the rule in a case where the defendant under denials of the facts alleged in the complaint, claimed that it was not liable both because the driver of a motor vehicle it owned, involved in the accident, was not guilty of conduct which entitled the plaintiff to recover and because the driver was not at the time acting within the scope of his agency for it. The grounds of defense in that case were exceptionally distinct and obvious; our present conclusion is, however, that it will conduce to a better procedure if the rule concerning the effect of a general verdict be not applied as regards any grounds claimed to defeat the plaintiff's cause of action which may be proved under simple denials of the facts alleged in the complaint. In this case the complaint alleged that the plaintiff was engaged by the defendants to negotiate the sale of the lands upon certain terms including a sale price of $19,500, later reduced to $19,000, that the plaintiff secured a purchaser ready, able

Even if error were found in the instructions of the court upon other issues, it would not constitute reversible error where the verdict of the jury was upon an issue in the submission of which no error occurred. Altieri v. Peattie Motors, Inc., 121 Conn. 316, 320, 185 A. 75; Spring v. Nagle, 104 Conn. 23, 28, 131 A. 744; Barbieri v. Pandisco [Pandiscio], 116 Conn. 48, 53, 163 A. 469. It is unnecessary to consider those assignments of error directed to the instructions of the court upon the third defense based on estoppel.

One line of authority holds that reversal is improper where no error is found as to one of the issues, as the appellant is unable to establish that he has been prejudiced. Berger v. Southern Pacific Co., 144 Cal.App.2d 1, 300 P.2d 170 (Cal. 1st DCA 1956); Altieri v. Peattie Motors, Inc., 121 Conn. 316, 185 A. 75 (1936); Knisely v. Community Traction Co., 125 Ohio St. 131, 180 N.E. 654 (1932); Dwyer v. Christensen, 77 S.D. 381, 92 N.W.2d 199 (1958). This is known in jurisprudence as the "two issue" rule.

That was the proper time and method, rather than to first take the chance of a favorable verdict by the jury.' [Id.,] 695. In the following cases the Court also cited the failure to previously move for a mistrial as one basis on which to deny a motion to set aside the verdict on the grounds of prejudicial conduct: Furber v. Trowbridge, 117 Conn. 478, 169 A.2d 43 (1933); Altieri v. Peattie Motors, Inc., 121 Conn. 316, 321, 185 A.2d 75 (1936); Ferino v. Palmer, 133 Conn. 463, 465-66, 52 A.2d 433 (1947); Jacek v. Bacote, 135 Conn. 702, 706, 68 A.2d 144 (1949)." Miller v. Sherwin-Williams Co., Superior Court, judicial district of Middlesex, Docket No. CV930067675S (April 10, 1995, Aurigemma, J.).