Mangiaracina v. Cappuccetti
Mangiaracina v. Cappuccetti
Opinion of the Court
The complaint in this case alleges negligence of the defendant in the overhaul and repair of a damaged automobile owned by the plaintiff, resulting in damage to the motor so that it had to be replaced. The defense was a general denial. In this appeal from the judgment for the plaintiff, the defendant assigns numerous errors in the finding of subordinate facts and in the conclusions reached by the court. A lengthy motion to correct was filed which the court granted in part, and error is assigned in the failure of the court to allow all the corrections sought.
The defendant’s attack On the finding amounts to one of those wholesale attacks which we have so often criticized, and we have repeatedly pointed out that attacks of this nature rarely produce any beneficial results. Morrone v. Jose, 153 Conn. 275, 276. The defendant is not entitled to the changes in the finding which he seeks. There is no merit to the claim that certain paragraphs of the finding are without evidential support. Marquis v. Drost, 155 Conn. 327, 330; National Broadcasting Co. v. Rose, 153 Conn. 219, 222. Nor is the defendant entitled to the additions to the finding which he seeks. There is nothing to show that any of these facts which are
The essential facts as found by the court may be summarized as follows: The plaintiff is the owner of a 1965 Volkswagen, purchased in October, 1964. On December 1, 1965, it was struck by another vehicle and was damaged in the body and in some mechanical parts. It was towed to the defendant’s garage in Meriden. The plaintiff informed the defendant that he was to do the body work but that mechanical repairs would be made by Don’s Garage in Meriden and that the needed parts would be supplied by that garage. The insurer representing the owner of the vehicle which collided with the plaintiff’s car agreed on the total damages to be paid. The appraisal was made at the defendant’s place of business. The plaintiff agreed to pay the entire insurance settlement to the defendant. Several days later the defendant telephoned the plaintiff that the repair work was completed, and the plaintiff and his son went to pick up the car. The defendant claimed that no mechanical work had been requested of or performed by Don’s Garage, that he had performed the needed mechanical work himself, that the repairs were completed and that
Upon the foregoing facts, which were supported by evidence, the trial court concluded that the defendant was negligent in failing to observe the loose condition of the valve spring at a time when he should have noticed it and in not taking precautions to correct this condition. As a consequence there was a rapid loss of oil in the engine, causing the inevitable breakdown and requiring the replacement of the motor.
There is no error.
In this opinion Wise, Dearington and Macdonald, Js., participated.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.