Saad v. Egleston Square Auto Livery, Inc.

This is an action of tort against the defendant for negligence. The declaration, in substance, alleges that the motor vehicle of the defendant was so negligently operated by the defendant’s servants, employees or agents, that it struck the plaintiff’s push cart and damaged it. The answer is a general denial and an averment of contributory negligence and denial of agency.

The judge who heard the case, on evidence which supported it, made the following finding:

*132“I find damage of forty ($40) dollars, that the defendant rented its truck to O’Keefe” (the operator) “for his own use, that he drove it…