Marshall v. Carter

This is an action of tort to recover compensation for personal injuries. The case was first heard by an auditor, who found for the defendant, and thereafter it was tried to a jury. At the trial the auditor’s report was introduced in evidence and further evidence was presented by both parties. The declaration was in four counts, the first of which alleges negligence on the part of the defendant. At the close of the evidence the plaintiff waived the third count, and the defendant moved for a directed verdict on the other counts. This motion was allowed as to the second and fourth counts, but…