Austin v. Eastern Massachusetts Street Railway Co.

This is an action of tort to recover for personal injuries and property damage alleged to have resulted from a collision between an automobile owned and operated by the plaintiff and one of the defendant’s trolley cars. It was tried by a judge and a jury. There was a verdict for the plaintiff. The case is here on the defendant’s exceptions to the refusal of the judge to direct a verdict for the defendant and to strike out certain testimony.

1. It was not error to refuse to direct a verdict for the defendant.

*422The following facts were not in dispute: The collision occurred in the evening when the…