Derby v. Railway Express Agency, Inc.

The plaintiff, while walking across Exchange Street in the city of Lynn, was struck and injured by an automobile truck operated by an employee of the defendant. On motion of the defendant the trial judge in the Superior Court, at the close of the plaintiff’s evidence, directed the jury to return a verdict for the defendant, and the plaintiff excepted.

*439The accident happened on a rainy night in November in the vicinity of the southeasterly corner of the intersection of Exchange Street, which runs approximately east and west, and Union Street, which runs approximately north and south. The…