Glavine v. Gaudette

This is an action of tort, brought in the District Court, to recover for property damage to the plaintiff’s automobile. There was a finding for the plaintiff. On a report containing all the material evidence, the Appellate Division ruled that there was no evidence which would warrant the trial judge “in submitting any question-of fact to himself as the jury,” reversed the finding for the plaintiff and ordered a finding entered for the defendant.

On June 2, 1954, the plaintiff had parked his automobile near the edge of the southbound lane of Route 128, near an overpass which was being repaired…