Del Negro v. Worcester County National Bank

This is an action of contract or tort originally brought in the Superior Court but transferred to the Central District Court at *60Worcester for trial under G. L. c. 231, §102 inserted by St. 1958, c. 369, §3.

This case is before the Appellate Division under the authority as laid down in the case of Lubell v. First National Stores, Inc., 342 Mass. 161.

The declaration is in two counts for the same cause of action. Count 1 in tort for negligence and Count 2 for breach of contract to exercise care in handling the plaintiff’s automobile while in the defendant’s custody and control.

The trial court…