Farewell v. Interstate Busses Corp.

A judge of the Superior Court, at the close of the opening statement to the jury in behalf of the plaintiff, allowed the defendant’s motion for a directed verdict, and the plaintiff excepted. It was agreed that the plaintiff was a passenger for hire in the defendant’s bus which was being driven for the defendant by a duly licensed operator. The jury took a view.

The substance of the case for the plaintiff, as outlined in the opening statement, which is to be treated as being true, Sandler v. Green, 287 Mass. 404, 406, was as follows: the bus in question left Pittsfield about quarter past one…