Doherty v. Stewart

In an action to recover for personal injuries the plaintiff, a floorman in a public garage, was cleaning, or about to clean, the left running board of appellant’s automobile while the motor was running. It is claimed that, without warning, the car was started and plaintiff was struck by the door handle of the car and thrown against the side of a nearby standing automobile. Judgment entered on the verdict of a jury in favor of plaintiff reversed on the law and the facts, and a new trial granted, costs to appellant to abide the event. The charge of the learned trial justice did not adequately…