Desjarlais v. Kelley

The plaintiff, while crossing Broad Street in the city of Lynn near its intersection with Exchange Street at about quarter to one in the morning of October 6, 1934, was hit and injured by an automobile owned and operated by the defendant. A judge of the District Court of Southern Essex found for the plaintiff; his report was ordered dismissed by the Appellate Division.

According to the testimony of the defendant h.e was operating, his automobile at the rate of speed of fourteen miles an hour; he first saw the plaintiff two seconds before the collision, in front of the automobile and a little…