Finn v. Eastern Massachusetts Street Railway Co.

We find no error. The defendant contends that the trial judge should have directed a verdict in its favor on the ground that the plaintiff contributed to the injury and damage suffered by him through his own lack of due care.

It was undisputed that the plaintiff’s automobile was struck by a moving car of the defendant. The circumstances were disputed. There was evidence that the automobile had been parked about twelve feet from the defendant’s track in or near the driveway leading from the highway to a house where he had visited. To reach the travelled part of the highway the plaintiff must…