Seaboard Freight Line, Inc. v. Castro Electric Co.

Supreme Court of Connecticut

Seaboard Freight Line, Inc. v. Castro Electric Co.

46 A.2d 10, 132 Conn. 572, 1946 Conn. LEXIS 103

CourtSupreme Court of Connecticut

DecidedJanuary 29, 1946

StatusPublished

Cited by2 cases

This text of 46 A.2d 10 (Seaboard Freight Line, Inc. v. Castro Electric Co.) is published on Counsel Stack Legal Research, covering Supreme Court of Connecticut primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Seaboard Freight Line, Inc. v. Castro Electric Co., 46 A.2d 10, 132 Conn. 572, 1946 Conn. LEXIS 103 (Colo. 1946).

Pincite

Opinion

Per Curiam.

The plaintiff brought this action to recover for property damage resulting from an automobile collision and has appealed from a judgment for the defendants. The only errors assigned are in the charge. The plaintiff made no objection to the charge at its conclusion as required by § 156 of the Practice Book, and we have repeatedly held that we will not, except in unusual situations, consider claimed errors in the charge unless such objection is made.

The plaintiff seeks to avoid the effect of the rule *573 upon two grounds. The first is that the trial judge did not, as its counsel says is the custom with many trial judges, inquire at the conclusion of the charge whether there were objections to it. The rule imposes no obligation upon the judge to make any such inquiry. The responsibility is upon counsel, as in similar situations, notably rulings upon evidence, to make the objection if he deems the interests of his client require it. The other ground advanced by the plaintiff for avoiding the rule is that at the conclusion of the charge the trial judge retired from the bench too quickly to allow counsel time for objection. A reasonable opportunity should, of course, be given for making objections, but the record does not show that the court in this instance failed to give it. Even if the situation was such as the plaintiff claims, counsel should have gone to the judge in chambers and requested him to return to the bench, that objection might be made.

There is no error.

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Per Curiam.

The plaintiff brought this action to recover for property damage resulting from an automobile collision and has appealed from a judgment for the defendants. The only errors assigned are in the charge. The plaintiff made no objection to the charge at its conclusion as required by § 156 of the Practice Book, and we have repeatedly held that we will not, except in unusual situations, consider claimed errors in the charge unless such objection is made.

The plaintiff seeks to avoid the effect of the rule *573 upon two grounds. The first is that the trial judge did not, as its counsel says is the custom with many trial judges, inquire at the conclusion of the charge whether there were objections to it. The rule imposes no obligation upon the judge to make any such inquiry. The responsibility is upon counsel, as in similar situations, notably rulings upon evidence, to make the objection if he deems the interests of his client require it. The other ground advanced by the plaintiff for avoiding the rule is that at the conclusion of the charge the trial judge retired from the bench too quickly to allow counsel time for objection. A reasonable opportunity should, of course, be given for making objections, but the record does not show that the court in this instance failed to give it. Even if the situation was such as the plaintiff claims, counsel should have gone to the judge in chambers and requested him to return to the bench, that objection might be made.

There is no error.

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Bluebook (online)

46 A.2d 10, 132 Conn. 572, 1946 Conn. LEXIS 103, Counsel Stack Legal Research, https://law.counselstack.com/opinion/seaboard-freight-line-inc-v-castro-electric-co-conn-1946.

Opinion

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