Marcienowski v. Sanders

This is an action to recover for personal injuries received by the plaintiff while riding in an automobile owned and operated by one Richard Hibbard. The action was originally brought against Hibbard, who died after the date of service of the writ and before trial. He will be referred to as the defendant.

There was evidence tending to show that shortly after noon on December 24, 1922, the dwelling house of one Barnish in the town of Hadley was on fire; that the plaintiff, with two other men, all neighbors of Barnish, was walking along the highway toward the place of the fire; that the…