Pendergast v. Long

This is an action of tort to recover for personal injuries received by the plaintiff on August 1, 1928, when an automobile operated by her husband was overturned in an attempt to avoid a collision with an automobile operated by the defendant. The case was submitted to the jury who returned a verdict for the plaintiff. The trial judge reported the case for determination by this court. All the material evidence is contained in the report. The only question of law presented is whether there was any evidence of negligence of the defendant which would have warranted a finding for the plaintiff.

The…