Penfield Manufacturing Co. v. Christoni
Penfield Manufacturing Co. v. Christoni
Opinion of the Court
This action was brought to recover for damage to a large machine while it was being transported by a common carrier. In spite of the fact that the defendant assigns error in two of the eleven paragraphs of the finding of subordinate facts and in the denial of his motion to correct eleven paragraphs of the finding, it is apparent that the finding as made is amply supported by the evidence and must stand. As we have frequently said, such a wholesale attack on the finding seldom has merit. The defendant has assigned error in the court’s failure to strike certain paragraphs of the finding as “not supported by the evidence adduced at the trial” and to add certain facts which were admitted or undisputed, and in the reaching of certain conclusions “not supported by the evidence adduced at the trial.” This court may correct the finding only if “relevant and material facts have been found without evidence, or that such facts were admitted or undisputed and have not been found, or that facts have been found in language of doubtful meaning.” Practice Book § 985. A fact is not admitted or undisputed merely because it is uncontradicted. Mercier v. American Refractories & Crucible Corporation, 151 Conn. 559, 560. Assignments specifying that the court erred in its findings and conclusions because they are not supported by the evidence adduced at the trial are far from say
The material facts found are as follows: On June 27, 1962, the plaintiff was a manufacturer, at Meriden, Connecticut, of water treating equipment for industrial use, and the defendant was a common carrier. On that date the plaintiff hired the defendant to deliver a demineralizing machine to a customer in New Jersey and one to a customer in Pennsylvania. The machines are large and bulky and were not boxed or crated. They were loaded on the defendant’s truck by plaintiff’s and defendant’s employees. The defendant personally supervised the chaining and securing of the machines on the truck. After inspecting the machines, the defendant signed a bill of lading which stated that the machines were received by him in apparently good order. In New Jersey, the consignee refused delivery of his unit as it was damaged. The driver then proceeded to Pennsylvania and made delivery of the second machine, after which he returned to Connecticut with the damaged machine. He was unable to testify owing to a severe illness. Both parties theorized as to what caused the damage. From these facts, the court concluded that the plaintiff had made out a prima facie case which the defendant failed successfully to rebut and that the plaintiff was entitled to recover damages since the machine was damaged in transit.
The law concerning the duties and liabilities of a common carrier are clear. A common carrier of goods is excused from liability only by an act of
There was speculative evidence as to what caused the damage, and again we must say that where, as here, there is conflicting evidence, the trier determines the credibility to be given to the testimony, and its finding of fact indicating the credibility of one witness rather than another is not ground for correction of the finding. Jarrett v. Jarrett, 151
There is no error.
In this opinion Kosicki and Jacobs, Js., concurred.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.