Harvey v. Murphy

The plaintiff was injured while riding as a “guest” on the rear seat of an automobile, owned and operated by the defendant, which collided with the side of a moving freight train at a grade crossing a short distance south of the town of Medfield soon after two o’clock in the morning of October 12, 1929. The case was tried before a jury in the Superior Court on a declaration alleging gross negligence of the defendant. At the close of the evidence introduced by the plaintiff, the defendant rested. The judge directed the jury to return a verdict for the defendant and reported to this court the…