Connolly v. Elston

The action is to recover damages for personal injuries to the plaintiff Mary Connolly, and for loss of her services to William J. Connolly, her husband, arising out of an automobile accident caused by defendant’s alleged negligence.

After the summations of counsel, the court upon motion of plaintiffs, directed a verdict in their favor on the question of liability and left to the jury only the assessment of damages. In thus deciding the issues of defendant’s negligence and plaintiffs’ freedom from contributory negligence, we believe the court erred.

It is only when a verdict for defendant must…