Staley v. Wilbur

This is an action of tort brought in the Municipal Court of the City of Boston for damage to an automobile owned by the plaintiff. The judge refused to rule that the automobile was a trespasser on the highway; and, having found for the plaintiff, reported the case. It now comes before this court on appeal by the defendant from an order by the Appellate Division dismissing the report.

*482The automobile, while being operated by the plaintiff, was damaged by the negligence of the defendant. Its engine number was two hundred ninety thousand, four hundred fifty-two; but on the plaintiff’s registration…