McElwain v. Capotosto

The plaintiff, a postal employee of the United States, claims that he suffered a personal injury when a parked mail truck in which he was sitting was struck from behind by a motor vehicle operated by the defendant.

The judge before whom the case was tried without a jury found specifically that the defendant was negligent, but also found that the plaintiff suffered no damages that were the direct and proximate result of the defendant’s negligence. The plaintiff excepts to the admission of certain evidence and to the denial without a hearing of his motion for a new trial.

The plaintiff testified…