LoPresti v. Metropolitan Transit Authority

The declaration in this action of tort contains two counts. In the first count, Angelina LoPresti (hereinafter called the plaintiff) seeks damages for personal injuries alleged to have been caused by the defendant’s negligence; in the second count, the plaintiff’s husband seeks consequential damages. Verdicts were returned for each plaintiff. The case comes here on the defendant’s exceptions to the denial of its motion for directed verdicts, a ruling on evidence, and to a portion of the charge.

The evidence most favorable to the plaintiff was as follows : On October 4, 1958, at about 1 p.m.,…