Ferra v. United Electric Railways Co.

This is an action of trespass on the case for negligence in which a jury in the Superior Court returned a verdict for the plaintiff for $17,000. The case is before this court on defendant’s exceptions.

The 49th exception will be first considered. This exception is to the refusal of the trial justice to grant defendant’s motion for a directed verdict. The motion is based upon three grounds (1) that the plaintiff was not in the exercise of due care as a matter of law and that his failure to use due care was the proximate cause of his injury; (2) that the negligence of the driver of the truck was…