Sutherland v. McGee

This action comes here upon an appeal by the plaintiff from an order of a majority of the Appellate Division of the Municipal Court of the City of Boston vacating a finding for the plaintiff and directing the entry of judgment for the defendant.

It is an action of tort for personal injury and property damage arising out of a rear end collision between an automobile operated by the plaintiff and an automobile operated by the defendant on Washington Street, Dorchester. The answer of the defendant was a general denial and con-tributary negligence.

The defendant duly filed three requests: — “1. The…