Kieffer v. Metropolitan Street Railway Co.

This action was brought to recover damages for injuries to person and property, resulting from defendant’s alleged negligence in causing defendant’s car to collide with plaintiff’s wagon. At the close of plaintiff’s case a motion was made to dismiss the complaint, whereupon the justice granted the motion, and in addition thereto directed a verdict for the defendant. This was a manifestly erroneous disposition of the case. We think the evidence required the submission of the case to the jury, but even assuming that the justice was right in believing that the motion to dismiss should be…