Judge v. Narragansett Electric Lighting Co.

When this case was previously before us (See 21 R. I. 128), we granted a hew trial on the ground that there was no evidence that the plaintiff’s intestate, James J. Judge, was in the exercise of due care at the time of the happening of the accident which resulted in his death. Upon the second trial of the case the plaintiff was nonsuited on the same ground, and the case is now before us on the plaintiff’s petition for a new trial.(1) The evidence produced at the second trial in behalf of the plaintiff, is substantially the same as that produced at the first trial, with the exception of the…