Opinion
Argued March 6, 1963
Decided March 26, 1963
Action to recover damages for injury to person and property, alleged to have been caused by the negligence of the defendant, brought to the Superior Court in New Haven County by transfer from the Court of Common Pleas and tried to the court, MacDonald, J.; judgment for the plaintiffs and appeal by the defendant. No error.
Dominic A. DePonte, for the appellant (defendant).
Robert J. Gillooly, for the appellees (plaintiffs).
This case arises out of the collision of two motor vehicles in a New Haven street intersection controlled by a traffic light. The defendant seeks extensive corrections in the finding made by the trial court on conflicting testimony. No material corrections are warranted. It is axiomatic that the credibility of witnesses and the weight to be accorded to evidence are within the sole province of the trier of fact. This court cannot retry the case. Desmarais v. Pinto, 147 Conn. 109, 110, 157 A.2d 596; Zullo v. Zullo, 138 Conn. 712, 715, 89 A.2d 216. The defendant attempts to demonstrate by mathematical calculation the incredibility of the testimony of witnesses to the effect that he drove into the intersection against a red light. He relies on factors of time, distance and speed, but these are, at best, approximations which make his calculation too inconclusive to discredit the verbal testimony as a matter of law. See Porcello v. Finnan, 113 Conn. 730, 732, 156 A. 863.