Klein v. Boston Elevated Ry. Co‪.‬

DONAHUE, Justice. The plaintiffs declaration alleges that on or about the 18th day of January, 1930, he received severe personal injuries on account of the negligence of the defendant company, its agents and servants. The case was tried in the superior court before a jury. A special question submitted to the jury asking whether written notice of the time, place and cause of the plaintiffs injury was given by the plaintiff or his wife and received by the defendant was answered in the affirmative, and a verdict returned for the plaintiff. The trial Judge reported the case to this court on a stipulation which provided that if the defendants motion for a directed verdict should have been allowed, verdict is to be entered for the defendant. If * * * there was an error prejudicially affecting the rights of the defendant in the refusal to grant any of the requests of the defendant for rulings and instructions a new trial shall be granted. If * * * the denial of the defendants motion for a directed verdict was correct and * * * there was no prejudicial error in the refusal to grant any of the defendants requests for rulings and instructions, the verdict returned by the jury for the plaintiff is to stand.