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Bawol v. Gumkowski

Supreme Court of Connecticut Third Judicial District, New Haven, June Term, 1926
Jul 3, 1926
133 A. 917 (Conn. 1926)

Opinion

Argued June 1st, 1926

Decided July 3d 1926.

ACTION to recover damages for personal injuries, alleged to have been caused by the negligent operation of the defendant's automobile, brought to the Superior Court in Fairfield County and tried to the jury before Nickerson, J.; the trial court nonsuited the plaintiff and from the denial of her motion to set aside the judgment rendered thereon, she appealed. No error.

Jackson Palmer, with whom was Daniel E. Ryan, for the appellant (plaintiff).

Clement A. Fuller, with whom was Frank E. Jamrozy, for the appellee (defendant).


Plaintiff seeks to recover damages from the defendant for injuries caused her through the alleged negligence of defendant's agent. It was incumbent upon plaintiff to make out a prima facie case in her favor. One of the vitally essential facts upon which the plaintiff must make out a prima facie case was that Rutkowski, whose negligent operation of the automobile is alleged to have caused the injuries to plaintiff, was the agent of the defendant at the time of this accident and engaged in defendant's business. The case upon this point is a close one, and in a case as close as this the preferable course would have been to have denied the motion for a nonsuit. Upon the evidence we are unable to determine that the court erred in holding that the plaintiff did not make out a prima facie case upon this point, and hence the denial of the motion to set aside the nonsuit was not error.


Summaries of

Bawol v. Gumkowski

Supreme Court of Connecticut Third Judicial District, New Haven, June Term, 1926
Jul 3, 1926
133 A. 917 (Conn. 1926)
Case details for

Bawol v. Gumkowski

Case Details

Full title:STELLA BAWOL vs. JOHN GUMKOWSKI

Court:Supreme Court of Connecticut Third Judicial District, New Haven, June Term, 1926

Date published: Jul 3, 1926

Citations

133 A. 917 (Conn. 1926)
133 A. 917

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