Roberts v. Frank's Inc.

This is an action of tort to recover for personal injuries sustained by the plaintiff while in the employ of the defendant, which was not a subscriber under the workmen’s compensation act. At the close of the evidence the defendant moved for a directed verdict in its favor. The motion was denied, subject to the defendant’s exception, and the jury returned a verdict for the plaintiff.

*43The jury would have been warranted in finding the following facts: On November 18, 1939, the defendant was operating a garage in which the plaintiff was employed as a night watchman. He also sold gasoline and oil…