Jacobs v. Moniz

The plaintiff was injured and his automobile damaged when at about 2:30 in the morning of July 17, 1929, it collided with the rear of the defendant’s truck, which, headed in the same direction as the automobile, had *104been stopped on its right hand side of the highway while the defendant was repairing a blown out tire. The case was tried in the Superior Court' before a jury upon an auditor’s report introduced by the plaintiff and upon evidence presented by the defendant. At the close of the evidence the trial judge directed a verdict for the defendant and reported the case to this court, the…