McGillivray v. Eramian

This is an action of tort to recover compensation for personal injuries sustained by the plaintiff in the circumstances hereinafter described. The case was tried to a jury. At the close of the evidence the defendant moved for a directed verdict. The motion was denied, subject to his exception. Certain requests of the defendant for instructions to the jury were refused subject to his exceptions. The jury returned a verdict for the plaintiff, and at the request of the defendant the judge reported the case for the determination of this court.

The evidence tended to show the following facts: On…