Snow v. Nickerson

The plaintiff’s intestate was struck by an automobile, operated by the defendant, near the intersection of two public ways in Springfield, a little after ten o’clock on the evening of November 5, 1935. The jury returned a verdict for the plaintiff upon the count for death, and the case is here upon the defendant’s exception to the denial of his motion for a directed verdict upon this count.

*64The defendant contends that the intestate was lying in the street for some time previous to the accident, having been struck by an automobile; that the defendant was not negligent in striking him; and that…