McCullough v. Lalumiere

This case is before us on exceptions to the direction of a verdict for the defendant. The only-issue is whether the plaintiff was negligent as a matter of law. For our purposes negligence of the defendant is assumed. Under the familiar rule we take the evidence in the light most favorable to the plaintiff. Ward v. Merrill, 154 Me. 45, 141 A. (2nd) 438.

A jury could find the following:

The plaintiff, aged 76 and totally deaf, was struck by a police car driven by the defendant, a policeman, while she was crossing Congress Street in Portland. Congress Street is a city street described by the…