Massachusetts Supreme Judicial Court April 2, 1907 (Brown v. Nawn)

Bjraley, J.

This is an action of tort to recover for personal injuries alleged to have been caused by the negligence of the defendant. In the Superior Court a verdict was ordered for the defendant at the close of the plaintiff’s evidence, upon the sole ground that at the time of the accident as a matter of law he was not in the exercise of due care.