Thomas v. Fritz

The judge directed a verdict for the defendant on the first count which was based on ordinary negligence, and submitted the case to the jury on the third count which alleged gross negligence.1 The *623jury returned a verdict for the plaintiff which was taken with leave reserved, and thereafter the judge ordered a verdict to be entered for the defendant. To this action and to the direction of a verdict on the first count the plaintiff excepted.

The following facts could have been found: The plaintiff and the defendant were employees of George H. Reed & Co., Inc. (hereinafter called the company),…