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Cayer v. Salvatore

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eBook details

  • Title: Cayer v. Salvatore
  • Author : Supreme Court of Connecticut
  • Release Date : January 26, 1963
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 54 KB

Description

The defendants, Victor J. Salvatore and his son Joseph, have appealed from a judgment rendered on a verdict for the plaintiffs, Norma Cayer and her son Donald, in their action to recover damages, including medical expenses, for injuries received by Donald in an automobile accident. The plaintiffs alleged in their complaint that Joseph negligently operated his father's automobile, In which Donald was a passenger, in that Joseph drove the automobile at a high and reckless speed, failed to have it under control, so that it ran off the highway and struck a tree, and failed to keep a proper lookout to see where the automobile was going and to keep it on the traveled portion of the roadway. The defendants claim that the plaintiffs failed to prove any of these allegations of negligence and that the verdict is a product of surmise and speculation. The jury could have found the following facts from the evidence offered by the plaintiffs: On the evening of May 2, 1958, about 9 o'clock, Donald was riding in the rear seat of the Salvatores' four-door sedan. He was seated directly behind Joseph, who was driving. There were four other occupants of the car, two riding in the front seat with Joseph and two in the rear seat with Donald. The car was proceeding north on East Street in New Britain. East Street is hard-surfaced and is thirty feet six inches wide. It was posted for a maximum speed of twenty-five miles per hour. The night was clear, and the roadway was dry. North of its intersection with Dix Avenue, East Street, for vehicles proceeding north, curves slightly to the right or east. On the outside of this curve, five feet beyond the westerly edge of the traveled portion of the road and seventy-five yards from the intersection, there is


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