Harvard Trust Co. v. Racheotes

This is an action to recover for property damage to an automobile. The case was heard upon a statement of agreed facts amounting to a case stated.

On July 23, 1955, an automobile owned and operated by one Russell S. Leonard collided with an automobile operated by the defendant. At the time of the accident Leonard was operating his automobile on his own behalf and not as agent of the plaintiff. The collision resulted from the concurring negligence of Leonard and the defendant. Prior to the accident Leonard had mortgaged the automobile to the Harvard Trust Company (hereinafter called Harvard) to…