Ferrairs v. Hewes

The plaintiff seeks to recover damages for personal injuries received by him while engaged in repairing a highway in the town of Southwick, as the result of being struck by an automobile owned and operated by the defendant. The case was tried before a jury on the testimony of witnesses and the report of an auditor. The case is here on exceptions to the refusal of the trial judge to strike out portions of the auditor’s report before it was read to the jury, and to his refusal to direct a verdict for the defendant.

I. The evidence bearing on the issue of liability was conflicting. We, therefore,…