Murphy v. Smith

This is an action of tort to recover compensation for personal injuries alleged to have been sustained by the plaintiff, while riding in an automobile operated by the defendant, by reason of the negligence of the defendant. The case was referred to an auditor whose findings of fact were not to be final. The auditor filed a report. The case was then tried to a jury upon the auditor’s report and other *65evidence, including the testimony of the plaintiff and of the defendant. The jury returned a verdict for the plaintiff. The defendant moved for the entry of a verdict for him under leave reserved.…