HORWITZ v. SULHAM


342 Mass. 327 (1961)

173 N.E.2d 247

SOPHIE HORWITZ vs. HARRY SULHAM.

Supreme Judicial Court of Massachusetts, Norfolk.

March 31, 1961.


Attorney(s) appearing for the Case

Douglas Smerdon, for the defendant.

Richard Simonian, for the plaintiff.

Present: WILKINS, C.J., SPALDING, WILLIAMS, CUTTER, & KIRK, JJ.


WILLIAMS, J.

This is an action of tort to recover for damage to the plaintiff's automobile caused by a collision with a "utility trailer" owned and operated by the defendant. An auditor, whose findings of fact were not final, found for the defendant. Thereafter there was a trial to a jury, at which the auditor's report was in evidence, and a verdict was returned for the plaintiff. The case is here on the defendant's exception to the judge's denial of his motion for...

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