Nemoitin v. Berger

Mai/tbie, J.

The plaintiff, an elderly man, and his wife, were invited by the defendant to ride home from a beach in the latter’s automobile. The defendant opened the rear door of the car and they entered. The plaintiff’s wife had seated herself upon the right side of the car. While the plaintiff was taking his place upon the seat upon the left, the defendant, who had taken his position behind the driving wheel, noticed that the rear door of the car was still open. Without looking to see the position of the plaintiff he reached back and slammed it. Two fingers of the plaintiff were caught…