Jacobs v. Moniz

DONAHUE, Justice. The plaintiff was injured and his automobile damaged when at about two-thirty in the morning of July 17, 1929, it collided with the rear of the defendants truck, which, headed in the same direction as the automobile, had been stopped on its right-hand side of the highway while the defendant was repairing a blown out tire. The case was tried in the superior court before a jury upon an auditors report introduced by the plaintiff and upon evidence presented by the defendant. At the close of the evidence the trial Judge directed a verdict for the defendant and reported the case to this court, the report containing a provision that if his action was wrong the case was to be remanded to the superior court for a new trial, and that otherwise judgment should be entered on the verdict.