Bates v. New York, New Haven & Hartford Railroad

In this action of tort the jury found for the plaintiff on two common law counts for personal injury and property damage. The defendant’s exceptions are to the denial of its motion for a directed verdict and its motion to enter a verdict under leave reserved.

There was no error in denying these motions. There was evidence of the defendant’s negligence and the plaintiff’s intestate could have been found not to have been contributorily negligent and to have complied with G. L. (Ter. Ed.) c. 90, § 15, as amended.

The plaintiff’s intestate was driving his automobile from west to east over the…