[Download] "Turner v. Scanlon" by Supreme Court of Connecticut # eBook PDF Kindle ePub Free
eBook details
- Title: Turner v. Scanlon
- Author : Supreme Court of Connecticut
- Release Date : January 27, 1959
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 60 KB
Description
The plaintiff had a verdict for injuries
arising out of an automobile accident which
occurred in Norwalk on November 27, 1955. The
defendant moved to set the verdict aside and also
for a new trial on the ground of newly discovered
evidence. The trial court denied both motions.
The defendant has appealed, claiming error in
the denial of his motions, in the charge and
in the finding. We shall discuss first the three errors claimed
in the finding which are pursued in the brief. The
claims of proof in a finding in a case tried to a
jury are not statements of facts found by the trier
but only statements of facts which are claimed by
the parties and could have been found from the
evidence. In the instant case, the claims of proof
were made for the sole purpose of testing the
correctness of the charge. Salvatore v. Hayden,
144 Conn. 437, 439, 133 A.2d 622;
Maltbie, Conn. App. Proc., 145. There was competent
evidence to support those attacked. The defendant
asserts that the court erred in refusing to
include in the finding a paragraph of his draft
finding of the plaintiff's claims of proof. A
party cannot compel his adversary to incorporate
in his claims of proof factual matter upon which
he does not rely. Salvatore v. Hayden, supra;
Maltbie, op. cit., p. 199. There is no error
in the finding.