Costa v. Slade

The plaintiff excepted to the entering of a verdict for the defendant by leave reserved (G. L. [Ter. Ed.] c. 231, § 120), after the jury had returned a verdict for the plaintiff. The question is whether the evidence warranted a verdict for the plaintiff.

The plaintiff, fourteen years old, on his way to school about eight o’clock in the clear morning of October 25, 1926, signalled a truck about to go up a hill on North Main *201Street in Fall River, a main street with double car tracks leading from the railroad station to the court house. The driver slowed down while the plaintiff jumped into the…