Martin v. Florin

The plaintiff was struck and injured by an automobile, owned and driven by the defendant, while walking from the north to the south side of Westfield Street, West Springfield, about five o’clock in the afternoon of January 24, 1928. In the Superior Court the defendant’s motion for a directed verdict was denied. The defendant excepted. The jury found for the plaintiff. The defendant’s contention is that his motion for a directed verdict should have been allowed because there was no evidence that the plaintiff was in the exercise of due care.

The plaintiff testified that he alighted from a…