Dowling v. L. H. Shattuck, Inc.

The defendant does not contend that its motions for a nonsuit and for a directed verdict should have been granted because of conclusive evidence of either the plaintiff’s contributory-negligence or of his assumption of the risk. Its sole contention is that the record contains no competent evidence that it was in any way negligent. The validity of this contention depends upon the admissibility of the testimony of two witnesses called by the plaintiff who were permitted by the court, over the defendant’s objection and subject to its exception, to testify as experts. The substance of their…