Round v. Burns

This is an action of trespass on the case for negligence which was tried in the superior court without a jury and resulted in a decision for the plaintiff. The case is here on defendant’s bill of exceptions containing an exception to that decision and also several other exceptions. On our view of the exception to the decision it will not be necessary to consider the other exceptions.

The gist of the plaintiff’s alleged cause of action is averred in his declaration as follows: “For that, the said defendant on, to wit, the 10th day of October A. D. 1947 was driving, operating and controlling a…