Opinion
Argued June 10th, 1930
Decided July 9th, 1930.
ACTIONS to recover damages for personal injuries, alleged to have been caused by the negligence of the defendant, brought to the Court of Common Pleas for New Haven County and tried to the court, Pickett, J.; judgment for the defendant in each case, from which the plaintiffs appealed. No error.
John Henry Sheehan, with whom was Samuel H. Rosenthal, for the appellants (plaintiffs).
Daniel D. Morgan, with whom, on the brief, were Philip Pond and Joseph B. Morse, for the appellee (defendant).
This appeal furnishes an illustration of the inability of this court, although upon the evidence a judgment for the plaintiffs could reasonably have been reached, to add a fact to a finding unless it is a material fact which was an admitted or undisputed fact, or strike out a finding of fact unless it is a material fact which was found without evidence. Practice Book, p. 309, § 11.
The evidence was conflicting. We cannot hold that the trial court has found or failed to find material facts in violation of § 11 of the Practice Book to which we have referred.