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Husted v. Refuse Removal Service

Superior Court, New Haven County At New Haven
Feb 14, 1967
227 A.2d 433 (Conn. Super. Ct. 1967)

Opinion

File No. 110833

The special defense that the plaintiff automobile operator, by not properly using a safety belt, was chargeable with contributory negligence raised a question of mixed law and fact. The plaintiff's demurrer to it therefore could not be sustained.

Memorandum filed February 14, 1967

Memorandum on demurrer to special defense. Demurrer overruled.

Herman S. Bershtein, of Hamden, for the plaintiffs.

Pouzzner Hadden, of New Haven, for the defendants.


The special defense alleges that the plaintiff operator "was guilty of negligence which was a proximate cause of her alleged injuries, in that she was not using or was not properly using a safety belt." Plaintiff claims, as a matter of law, that it has no bearing on the question of proximate cause. Defendant claims it presents a question of fact.

A conclusion of negligence and proximate cause is ordinarily one of mixed law and fact, involving the determination of the standard of care required and its application to the facts of the particular case. Davis v. Margolis, 107 Conn. 417, 420. It becomes a conclusion of law only when the mind of a fair and reasonable person could reach only one conclusion. If there is room for a reasonable disagreement, the question presented is one of fact. Johnson v. Pulidy, 116 Conn. 443, 445. Such is the case here.


Summaries of

Husted v. Refuse Removal Service

Superior Court, New Haven County At New Haven
Feb 14, 1967
227 A.2d 433 (Conn. Super. Ct. 1967)
Case details for

Husted v. Refuse Removal Service

Case Details

Full title:ETHEL F. HUSTED ET AL. v. REFUSE REMOVAL SERVICE ET AL

Court:Superior Court, New Haven County At New Haven

Date published: Feb 14, 1967

Citations

227 A.2d 433 (Conn. Super. Ct. 1967)
227 A.2d 433

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