Cummings v. Cicciu

This cause comes to us by voluntary report of the judge. The only issue presented for determination is the correctness of the allowance of a motion permitting the *128plaintiff to amend a declaration by adding a count for personal injuries.

The facts found and reported are based on statements and affidavits of .counsel. It appears there was a collision on January 28, 1959, °f motor vehicles owned and operated by the parties. A writ in the name of the plaintiff, dated July 20, 1959, returnable August 22, 1959, issued from the office of a Boston attorney on behalf of the assignee of the plaintiff’s…