Van Detti v. Parsons Bros‪.‬

The plaintiff, a pedestrian, recovered
for injuries claimed to have been sustained when
she was struck by a thirty-pound package of pipe
which fell from the cargo of a passing motor truck
owned by the named defendant and operated by the
defendant Goslee, whose agency was admitted. Other
than lacerations and abrasions, for which she was
immediately hospitalized, most of her symptoms
were subjective. The defendants' appeal is defective in form,
since it was taken from the denial of a motion
to set aside the verdict rather than from the
judgment. As the plaintiff did not, within ten
days after the appeal was filed, make a motion to
dismiss it in accordance with the provisions of
Practice Book 436, she is deemed to have waived
the defect. Lengel v. New Haven Gas Light Co.,
142 Conn. 70, 75, 111 A.2d 547.