Horwitz v. Sulham

'This is an action of tort to recover for damage to the plaintiff’s automobile caused by a collision with a “utility trailer” owned and operated by the defendant. An auditor, whose findings of fact were not final, found for the defendant. Thereafter there was a trial to a jury, at which the auditor’s report was in evidence, and a verdict was returned for the plaintiff. The case is here on the defendant’s exception to the judge’s denial of his motion for a directed verdict.

The collision occurred in the afternoon of September 27, 1957, in Plainville on Route 1, a four lane road, running…