285 Mass. 539 | Mass. | 1934
There are here both a report and a bill of exceptions. The trial judge directed a verdict for the defendant and reported the case with a stipulation that “If there was evidence upon which the case should have been
The plaintiff was severely hurt as he was about to take a train of the defendant at its Norfolk Downs station. The tracks run north and south. The station building is to the west. The loading platform for inbound, northbound, trains is the road bed on which the outbound, southbound, track is laid between the eastern track and the station platform. A rule forbids trains to enter or pass a station while another passenger train is at the station, until the rear end of the latter train has passed the end of the station platform, with an exception not material here. The plaintiff knew of this rule. For two years he had been taking the 4:38 p.m. inbound train from Norfolk Downs to the South Station at Boston. He went to the Norfolk Downs station on the afternoon of the injury to take that train. The jury could find on the evidence that he waited
On conflicting evidence or evidence of disputable credibility it was for the jury to determine the facts, and to decide whether there was negligence in handling the trains, or lack of due care of the plaintiff contributing to his injury. Findings of both such negligence and due care could prop
There was error in directing a verdict for the defendant. Upon the report and its stipulation the plaintiff is entitled to judgment for $14,250.
The exceptions must be overruled. After knowledge of the amount of damages assessed by the jury the defendant joined in the stipulation that judgment was to enter for the plaintiff in $14,250 with interest from the date of the verdict, if there was evidence upon which the case should have been submitted to the jury. Having entered into this agreement, the defendant was bound by it, after it had been acted upon by the direction of a verdict for the defendant and the entry of that verdict. No such motion as it made is known to our law. A judge has no power to reduce a verdict to a fixed amount. Shanahan v. Boston & Northern Street Railway, 193 Mass. 412. Minot v. Boston, 201 Mass. 10, 12, 13. In proper circumstances, on motion, he may set aside a verdict unless the winning party remits so much as he finds to be excessive; or on certain grounds may grant a new trial. Simmons v. Fish, 210 Mass. 563, and cases there cited. G. L. (Ter. Ed.) c. 231, §§ 127, 129.
Exceptions overruled.
Judgment for plaintiff in accordance with stipulation of parties.