Kazukynas v. N.C. Casciano & Sons

This action to recover for personal injuries and property damage arose out of a collision between a dump truck owned by the named defendant and operated by its employee, the defendant Gennie Kitchens, and an automobile operated by the named plaintiff, a minor, and owned by her mother, the plaintiff Adele Kazukynas. In argument to the jury, the defendants conceded their negligence. The only assignment of error pursued by the plaintiffs is the denial of their motion to set aside the verdict for the defendants on the ground that it was contrary to the law and the evidence. In reviewing the action of the trial court on the plaintiffs' motion, this court considers the evidence in the light most favorable to the sustaining of the verdict. Kiss v. Kahm, 132 Conn. 593, 594, 46 A.2d 337; Maltbie, Conn. App. Proc. 189. The jury could reasonably have found the following facts: The defendants' truck was being driven in a northerly direction on the right-hand side of Willard Avenue in Newington in the early afternoon of a clear September day. As the truck approached the driveway of the Fafnir Bearing Company, located west of the avenue, a Plymouth automobile stopped in the northbound lane preparatory to making