
    Thelma Largen v. Arstine McClellan
    Court of Common Pleas Fairfield County at Bridgeport
    File No. 97407
    Memorandum filed July 3, 1972
    
      David J. Sullivan, Jr., of Bridgeport, for the plaintiff.
    
      Jacob Y. Sachs, of Bridgeport, for the defendant.
   Martin, J.

This automobile negligence case was tried to the court while a companion case was tried to the jury. The jury returned a verdict against both the plaintiff and the defendant in this action.

The defendant, however, failed to plead contributory negligence as required by § 52-114 of the General Statutes, and that defense is not available to him.

Accordingly, judgment may enter for the plaintiff to recover of the defendant the snm of $1055.50 plus costs.  