Perry v. Richard Chevrolet, Inc.

The plaintiff sues in tort for personal injuries allegedly caused by the negligence of the defendant in furnishing the plaintiff an automobile in which a radiator hose clamp was defectively installed. The case was referred to an auditor, whose findings of fact were not to be final. The plaintiff and the defendant each filed a motion that judgment be entered for the moving party. The judge allowed the plaintiff’s motion, denied the defendant’s, and the defendant excepted.

The subsidiary facts found by the auditor were as follows. The plaintiff was planning on November 19,1957, to purchase an…