Bartley v. Phillips

LUMMUS, Justice. The plaintiff, a pedestrian, was injured when struck by an automobile operated by the defendant in Oxford on December 26, 1941, at half past five in the afternoon, when it was dusk. A Judge in a District Court found for the plaintiff, and assessed damages in the sum of $21,000. The Appellate Division dismissed a report, and the defendant appealed. The points argued are (1) the refusal of certain requested rulings presented by the defendant relating to the defendants alleged negligence, (2) the refusal of other such requested rulings relating to the plaintiffs alleged contributory negligence, and (3) the denial of the defendants motion for a new trial because of alleged excessive damages.