Buckley v. Railway Express Agency, Inc.

In this action of tort, which was tried in a District Court, the judge found for the plaintiff. Several requests for rulings presented by the defendant were denied. One of them (request numbered 1) asked for a ruling that there was no evidence of negligence on the part of the defendant. The Appellate Division held that the denial of this request was prejudicial error and ordered that the finding for the plaintiff be vacated and that judgment be entered for the defendant. The plaintiff appealed.

The accident occurred on Western Avenue, Lynn, at or near the intersection of Nelson Street. Western…