Jamieson v. Lewiston-Gorham Raceways, Inc.

WILLIAMSON, Chief Justice.

This action in tort is before us on appeal by the plaintiff from the direction of a verdict for the defendant. The plaintiff contends that the Justice below erred in not submitting to the jury the issues of whether the defendant was negligent, and if so, whether the negligence was the proximate cause of plaintiff’s injuries.

Under the familiar rule we take the evidence in the light most favorable to the plaintiff. The jury could have found as follows:

The defendant is the proprietor of a race track. The plaintiff, a driver with about six years experience, in the course…