Duval v. Duval

The only question in this case is whether it was error for the trial judge, after a verdict for the plaintiff, to deny, on leave reserved, the defendant’s motion for a verdict on a count alleging the gross negligence of the defendant. The case was tried in part with others and the jury took a view.

Facts not in dispute are that the plaintiff, at the time of his injuries, was riding as a guest, so called, of the defendant, his brother, in an automobile owned and operated by the latter, which collided with a locomotive engine at a grade crossing in this Commonwealth, at about five o’clock in the…