Massachusetts Supreme Judicial Court September 15, 1834 (Varnum v. Martin)

Per Curiam.

Whether the question of negligence should he determined by the jury, or by the court upon the facts being found or agreed, it is not necessary to consider ; as we are of opinion, that the facts show a want of ordinary care and diligence on the part of the defendant, and that there is no good reason for disturbing the verdict.