Howland v. Cates

The plaintiff instituted a suit to recover for the wrongful death of his wife as the result of the alleged negligent operation of a motor vehicle by the defendant. The case was tried on the declaration and pleas of not guilty and contributory negligence. After all the evidence was in, the trial court indicated that a motion for a directed verdict would be granted in favor of the defendant because of the fact that the evidence showed as a matter of law that the decedent has contributed to her own injury. The plaintiff thereupon elected to take a "non-suit with bill of exceptions" and…