Pellegatti v. Pellegatti

The evidence most favorable to the plaintiffs was as follows: In the evening of April 20, 1958, the plaintiff John Pellegatti, having learned of the death of a relative in Cleveland, Ohio, called his nephew Frank Pelle gatti, the defendant, and told him about it. John asked the defendant if he would like to accompany him and his family to Ohio to attend the funeral. The defendant said that he would, and drove to John’s house in Woburn. Upon his arrival the defendant and John discussed which of two automobiles, John’s or the defendant’s, would be used for the trip and it was agreed that the…