Query v. Howe

In this action of tort the plaintiff sought to recover for personal injury, alleging in the first count negligence of the defendant and in the second wilful, wanton and reckless conduct of the defendant in operating an automobile. At the close of the evidence the judge, subject to the plaintiff’s exception, allowed the defendant’s motion for a verdict in his favor on the first count; and subject to the defendant’s exception permitted the case to go to the jury on the second. After a verdict for the plaintiff was returned on this count, the trial judge subject to the plaintiff’s exception…