Opinion
Argued May 10, 1963
Decided May 28, 1963
Action to recover damages for personal injuries, alleged to have been caused by the negligence of the defendants, brought to the Court of Common Pleas in Hartford County and tried to the court, Doherty, J.; judgment for the plaintiff against the named defendant and appeal by that defendant. No error.
Martin F. Stempien, for the appellant (named defendant).
Andrew P. Denuzze, with whom was Nicholas E. DeNigris, for the appellee (plaintiff).
Section 392 of the Practice Book provides that error in the finding shall be assigned, directly, (a) in finding without evidence a material fact as specified in a designated paragraph of the finding, or if as to a part of a paragraph, as to such part as is quoted; (b) in refusing to find a material fact which was admitted or undisputed; or (c) in finding a fact in language of doubtful meaning, so that its real significance may not clearly appear. The named defendant has filed six assignments of error directed to the finding. None of them conform to the rule. Neither the request for finding nor any part of the draft finding appears in the record as printed. It is impossible, therefore, to consider any of the assignments of error or to make any corrections in the finding. Practice Book § 397; Ungiechajer v. Matzsezk, 148 Conn. 724, 725, 169 A.2d 27.