Podwapinska v. Teixeira

This is an action of tort to recover for personal injuries received by the plaintiff by reason of a collision of a bicycle, on which he was riding, with a truck operated by Ernest C. Teixeira acting within the scope of his employment as the servant and agent of the defendant, John M. Teixeira.

At the close of the evidence the defendant made two requests for rulings: (1) that on all the evidence the finding must be for the defendant “because the plaintiff was contributorily negligent ”; and (2) that the finding must be for the defendant “because the defendant was in the exercise of due care.”…