Horsman v. Brockton & Plymouth Street Railway Co.

In the first case the plaintiff sues for personal injuries caused by a collision of the defendant’s car with the team which he was driving, while the second action is brought by the owner for damages to his horse and wagon. At the close of the evidence verdicts for the defendant were ordered, because the presiding judge * was of opinion as matter of law “ that it appeared that at the time of the accident the plaintiff was not in the exercise of due care,” and the question for decision is whether the ruling was erroneous.

It is doubtless true, as the defendant strongly urges, that since the…