Kelly v. Bliss

This is a negligence action, brought
in three counts, in which Rosemary M. Kelly, the
plaintiff operator of an automobile, and Kathleen
Kelly, her passenger, sustained injuries allegedly
as the result of a collision with the defendant's
car and wherein the husband of the plaintiff
operator sought damages for medical expenses which
he incurred in behalf of his wife. The defendant,
Julia L. Bliss, denied all the allegations of
negligence and pleaded contributory negligence as
against the plaintiff operator. In the course of
the trial, the court granted the defendant's
motion to amend her answer to plead contributory
negligence against the passenger, Kathleen Kelly.
The jury returned a general verdict in favor of
the defendant. The plaintiffs have appealed from
the judgment rendered on the verdict and have
assigned error in the denial of their motion to
set aside the verdict, in the finding, in the
charge to the jury, in the granting of the
defendant's motion to amend her answer by adding a
special defense, in the denial of their motion to
strike that special defense, in the striking out of a
portion of that special defense, and in overruling the
plaintiff passenger's demurrer to that special defense. We first consider the plaintiffs' claim that the
trial court erred in denying their motion to set
aside the verdict. A general verdict in the defendant's
favor imports that all issues submitted to the
[160 Conn. 130]