Montambault v. Waterbury & Milldale Tramway Co.

The case is one of conflicting evidence, so plain that there was not the slightest justification for the appeal from the denial of the motion to set aside the verdict. The taking of an appeal upon this ground, thus compelling the printing of the entire evidence, was an abuse of the right of appeal.

The issue of the negligence of the defendant as well as the issue of the contributory negligence of the plaintiff, were, upon the evidence offered by the parties, conclusions for the jury to draw and not conclusions for the court to draw as matter of law; and therefore the error assigned in the…