Faille v. Hollett

7 Citing cases

  1. Salvatore v. Milicki

    163 Conn. 275 (Conn. 1972)   Cited 29 times

    Deacy v. McDonnell, 131 Conn. 101, 106, 38 A.2d 181. The burden of proof is on the defendant. When on the basis of the evidence and facts found the trier concludes that one is free from contributory negligence, that conclusion must stand unless the conduct involved is manifestly contrary to that of the reasonably prudent man. Cappiello v. Haselman, 154 Conn. 490, 497, 227 A.2d 79; Faille v. Hollett, 150 Conn. 397, 400, 190 A.2d 53." Ford v. Hotel Restaurant Employees Bartenders Union, 155 Conn. 24, 36, 229 A.2d 346; Busko v. DeFilippo, 162 Conn. 462, 467, 294 A.2d 510; Douglass v. 95 Pearl Street Corporation, 157 Conn. 73, 79-80, 245 A.2d 129. On the basis of the subordinate facts found, we cannot say, as a matter of law, that the defendants have met their burden of proving that the plaintiff's conduct should be so categorized. The plaintiff came to a full stop at the stop sign.

  2. Busko v. Defilippo

    162 Conn. 462 (Conn. 1972)   Cited 53 times

    Farkas v. Halliwell, 136 Conn. 440, 445, 72 A.2d 648." Faille v. Hollett, 150 Conn. 397, 400, 190 A.2d 53; Douglass v. 95 Pearl Street Corporation, 157 Conn. 73, 79-80, 245 A.2d 129. The plaintiff's traveling at an excessive speed does not fall within either extreme. Because the plaintiff swerved away from the telephone pole when she first observed it and still struck it with the side of her car, a fair and reasonable person could conclude that her excessive speed was a substantial factor in causing the collision.

  3. Ford v. Hotel Restaurant Empl. Bartenders Union

    155 Conn. 24 (Conn. 1967)   Cited 36 times

    Deacy v. McDonnell, 131 Conn. 101, 106, 38 A.2d 181. The burden of proof is on the defendant. Where the trier concludes that one is free from contributory negligence, that conclusion must stand unless the conduct involved is manifestly contrary to that of the reasonably prudent man. Cappiello v. Haselman, 154 Conn. 490, 497, 227 A.2d 79; Faille v. Hollett, 150 Conn. 397, 400, 190 A.2d 53. On the basis of the subordinate facts found, we cannot say that the trial court was required to conclude that the plaintiff was chargeable with contributory negligence.

  4. Cappiello v. Haselman

    154 Conn. 490 (Conn. 1967)   Cited 39 times

    Where, however, the trier concludes that one is free from contributory negligence, that conclusion must stand unless "the conduct involved is manifestly contrary to that of the reasonably prudent man." Faille v. Hollett, 150 Conn. 397, 400, 190 A.2d 53. The conduct of the plaintiff cannot be so categorized. He wanted to go home and, having missed the last bus to New Haven, he started to walk. It is true that, with the exception of a light gray hat, the plaintiff's clothing was dark and that the Boston Post Road is a blacktop highway. The plaintiff, however, walked at all times on the shoulder which was under overhead highway lights, and the area where he walked was well illuminated.

  5. Faille v. Hollett

    211 A.2d 701 (Conn. 1965)   Cited 2 times

    On appeal, this judgment was set aside and a new trial was ordered because the court had failed to find subordinate facts to support its conclusion that the plaintiff was free from contributory negligence. Faille v. Hollett, 150 Conn. 397, 190 A.2d 53. The second trial, also to the court, resulted, as did the first, in a judgment for the plaintiff from which this appeal has been taken.

  6. Kowalczyk v. Kleszczynski

    210 A.2d 444 (Conn. 1965)   Cited 8 times

    We have no alternative but to order a new trial. Ford v. Hotel Restaurant Employees Bartenders Union, 152 Conn. 533, 535, 209 A.2d 187; Faille v. Hollett, 150 Conn. 397, 400, 190 A.2d 53. The view which we take of this case makes it unnecessary to discuss the defendant's other assignments of error.

  7. Postemski v. Watrous

    151 Conn. 183 (Conn. 1963)   Cited 29 times
    In Postemski v. Watrous, 151 Conn. 183, 185, 195 A.2d 425 (1963) the court stated that the defendant's answer "pleaded no information to allegations.

    The pleading of no knowledge or information to these allegations is in effect a denial. Practice Book, 1963, 83; Lyon v. Wilcox, 98 Conn. 393, 397, 119 A. 361. The judgment found the issues for the plaintiff so that the disputed allegations of the complaint were established. Faille v. Hollett, 150 Conn. 397, 399, 190 A.2d 53. Our question then is whether the facts alleged in the complaint justify a recovery of damages by the plaintiff. Although statements of fact in a memoranda of decision do not take the place of a finding; Dime Savings Bank v. Bragaw, supra; we may consult the memorandum of decision to determine the basis of the decision.