Dawson v. Slater Cab Company

This is an action of trespass to recover damages for personal injuries alleged to have been caused by the defendant in the operation of an automobile. Although the writ is in trespass, the gist of the action as pleaded and tried is negligence. The defendant filed a special plea of contributory negligence in addition to the general issue. The plaintiff, by his replication, joined issue on defendant’s special plea.

The case was tried to a jury in the superior court and resulted in a verdict for the plaintiff in the sum of $7500. The defendant moved for a new trial on the grounds that the verdict…