Bray v. Boston Lumber & Builders Corp.

This action was brought by Versie Bray, who will be referred to as the plaintiff, against the Boston Lumber and Builders Corporation, which will be referred to as the defendant, to recover for personal injuries.

At the trial of the case and at the conclusion of the plaintiff’s evidence, the defendant moved to strike out the evidence of the plaintiff on the sole ground that it had been shown by his own evidence that he was guilty of contributory negligence as a matter of law, which barred his recovery. The trial court sustained the motion, struck out the plaintiff’s evidence on the ground…