BURKE v. WEST HARTFORD


147 Conn. 149 (1960)

JOHN BURKE [IRENE L. BURKE, ADMINISTRATRIX, SUBSTITUTED PLAINTIFF] v. TOWN OF WEST HARTFORD

Supreme Court of Connecticut.

Decided January 19, 1960.


Attorney(s) appearing for the Case

Robert B. Cohen, with whom, on the brief, were Morton E. Cole and Cyril Cole, for the appellant (plaintiff).

Victor J. Dowling, assistant corporation counsel, with whom, on the brief, was Nicholas A. Lenge, corporation counsel, for the appellee (defendant).

BALDWIN, C. J., KING, MURPHY, MELLITZ and SHEA, Js.


MELLITZ, J.

The substituted plaintiff had a verdict for damages for personal injuries sustained by her decedent as the result of a fall on an icy sidewalk. The trial court set the verdict aside on the ground that the plaintiff had failed to sustain the burden of proving due care on the part of the decedent, and the plaintiff has appealed.

From the evidence most favorable to the plaintiff, the jury could have found...

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