Vesprini v. Downes

This is an action of tort in which the plaintiff seeks to recover for property damage to his motor vehicle arising out of a collision with the defendant’s motor vehicle.

There was conflicting testimony as to how the collision occurred. The plaintiff was travelling westerly on Elm Street in Everett, and he claims that the defendant backed his motor vehicle into his own, while the defendant claims he was at a stop at the time of the impact:

The judge took a view of the location where the collision occurred and examined both motor vehicles, after which he made the following findings of facts: “The…