Dufresne v. Theroux

This is an action of trespass on the case for negligence. At the trial in th'e superior court the plaintiff was nonsuited and he has duly prosecuted his bill of exceptions to this court to have that ruling reviewed.

One of the grounds urged by the defendant in support of the granting by the trial justice of the motion for a nonsuit is that the plaintiff failed to prove any negligence on the part of the defendant. The plaintiff denies this.

The plaintiff’s declaration is in two counts: In the first count he alleges, among other things, that on July 22, 1933 the defendant owned a certain motor…