Goyette v. Amor

This is an action of tort brought in the District Court to recover compensation for personal injuries sustained by the plaintiff as a result of an automobile, in which he was a passenger, being struck by a motor truck operated by the defendant. There was a finding for the plaintiff and a report to the Appellate Division which was dismissed, and the defendant appealed.

The evidence tended to show these facts: The plaintiff was a passenger in an automobile parked without lights on January 1, 1934, at about three o’clock in the morning — when it was dark — at the right of the road as the…