State v. Salone

1 Conn. Cir. Ct. 99, 22 Conn. Supp. 482
CourtConnecticut Appellate Court
DecidedSeptember 15, 1961
DocketFile No. MV 13-299
StatusPublished
Cited by4 cases

This text of 1 Conn. Cir. Ct. 99 (State v. Salone) is published on Counsel Stack Legal Research, covering Connecticut Appellate Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Salone, 1 Conn. Cir. Ct. 99, 22 Conn. Supp. 482 (Colo. Ct. App. 1961).

Opinion

Ciano, J.

The following facts were agreed upon by the state and the defendant. The defendant is the owner of a 1949 Mack dump truck, properly registered by the owner in accordance with the statute so providing, to carry a gross weight of 30,100 pounds. The truck on March 1, 1961, was being [100]*100operated by one Trombly, an employee of the defendant, in a southerly direction on route 147, a state highway in East Granby, with a load of cold-patch tar, when he was stopped by a state trooper. The gross weight of the truck when stopped was 35,200 pounds, an overload of 5,100 pounds above its registered gross weight. A warrant was issued for the arrest of the defendant as the owner of the truck.

After this agreed statement of facts was presented, testimony was then offered by the defendant as follows: The driver employee, Trombly, testified he had been an employee of the defendant for about two years and at the time that he was hired was told never to overload the truck. The truck was loaded under the supervision of a foreman of a corporation that had leased the truck. The employee received a tonnage ticket with each load. He did not look at the slip but put it in his pocket. He had to get a tonnage ticket at each load so the foreman could tell how much material was used for a particular job on a particular day. He could not recollect what had become of the ticket pertaining to this particular load.

The defendant testified that he warned his employee two years previously, when Trombly was hired, besides “telling him right along,” not to overload. The truck, with the employee as driver, had been leased or hired out to Masco Construction Company. The defendant was to be paid on an hourly basis rather than by number of loads or tonnage for use of the truck and driver. The foreman of the leasing company controlled and had charge of the loading of the truck and directed the defendant’s employee where to deliver each load. The defendant had no actual knowledge of the overloading of the truck and was never present on the job during loadings.

[101]*101The defendant’s reasons of appeal formulate two main issues. The first issue, which, he states, is the chief issue in the appeal, is that the court found the defendant guilty although the defendant had no knowledge, either actual or constructive, concerning the overloading of the truck. He bases this contention on his interpretation of the word “allow” in the statute as including “knowingly” or “knowledge” of the defendant owner as to overloads. Therefore, it remains to be resolved whether under § 14-267 of the Gfeneral Statutes the state must prove as an element of the crime knowledge by the owner, either actual or constructive, of the overloading of the truck.

The pertinent part of the statute in issue states: “No person shall operate any commercial motor vehicle, nor shall the owner of any commercial vehicle allow such motor vehicle to be operated, on any public highway or bridge . . . .” The remainder of the statute sets forth the penalties for its violation and is not an issue in this appeal.

The defendant insists that the word “allow” as used in the statute places the duty upon the state to prove actual or constructive knowledge on the part of the defendant before he can be convicted of the crime alleged under the statute. Therefore, we are required to determine and define the scope and meaning of the word “allow” as used in the statute. Webster’s New International Dictionary (2d Ed.) defines the word “allow”: “To approve of; . . . to sanction; to accept ... [t]o admit; concede; . . . permit . . . [Syn.] suffer, tolerate.” It further defines its use: “allow and permit are frequently used as convertible terms; but allow is less formal, and may imply little more than forbearance of prohibition .... To supper ... is ... a .. . synonym for allow . . . .” We have examined the de[102]*102cisions of our Supreme Court of Errors wherein it attempts to define these words as used in a criminal statute, to aid us in an interpretation of the statute in question.

In State v. Poplowski, 104 Conn. 493, 497, the court had before it the interpretation of a statute which provided: “Every person entitled to the custody of any horse . . . who shall permit the same to be at large upon any highway or common, without a keeper, shall be fined . . . .” The accused was the owner of two horses which he had allowed to be at large upon a highway without a keeper. The court said that the word “suffer,” as defined in Selleck v. Selleck, 19 Conn. 501, “has a practically identical meaning with the word ‘permit’ in the statute we are considering.” Id., 498. It was held that the statute was intended to embrace not only an affirmative or voluntary act of the owner or custodian but also the failure to exercise due care to restrain the horses as a reasonably prudent person would have, under the same circumstances. In Selleck v. Selleck, supra, 505, the statute provided : “ [I] f the owner of any ram shall suffer him to go at large . . . .” The court said: “To suffer an act to be done, by a person who can prevent it, is to permit or consent to it — to approve of it, and not to hinder it. It implies a willingness of the mind. . . . [ A] nd so the legislature understood it.”

Therefore the state may prove facts which will justify the trier in finding beyond a reasonable doubt that the motor vehicle was overloaded (1) either by the voluntary act of the owner or custodian, or (2) by the reason of his negligent failure to prevent overloading, as a reasonably prudent and careful truck operator or owner would have done under like circumstances.

In Guastamachio v. Brennan, 128 Conn. 356, 357, the court construed a regulation of the liquor con[103]*103trol commission which provided that “[n]o per-mittee shall allow, permit or suffer” any immoral activities in or upon the permit premises. The responsibility for making effective this prohibition was placed upon the permittees.

Knowledge by the owner of the overloading is not an essential element of the crime; and to make the statute effective, the owner is held responsible, regardless of knowledge, by reason of his failure to take effective measures to prevent and prohibit conduct by those controlling the trucks under his authority. The rule of strict accountability is imposed by the statute on the owner. Knowledge is not an essential element of proof to establish the commission of a crime when the legislature sees fit to omit such an element. Id., 360.

The legislative intent of the statute under discussion is to prevent the destruction of public highways in the state from overloaded vehicles. The heavy penalties imposed by the legislature indicate the seriousness of the crime. Once the defendant voluntarily permitted and allowed the employee and truck to be operated and hired out to an independent company, he could and should have foreseen the probability that overloading could occur unless strict precautions were taken by him to prevent violations. His failure to do so is an act of criminal negligence in accordance with the statute holding the owner responsible.

The word “allow” in the statute is modified by or subject to the words “to be operated.” The defendant would have the court give a narrow and technical construction to one word taken out of context in the statute.

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Related

State v. Russo
450 A.2d 857 (Connecticut Superior Court, 1982)
Maloney v. Commissioner of Motor Vehicles
330 A.2d 101 (Connecticut Superior Court, 1974)
Maloney v. Commissioner of Motor Vehicles
31 Conn. Supp. 325 (Pennsylvania Court of Common Pleas, 1974)

Cite This Page — Counsel Stack

Bluebook (online)
1 Conn. Cir. Ct. 99, 22 Conn. Supp. 482, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-salone-connappct-1961.