Perrino v. Marchand

This is an action of tort in which plaintiff seeks to recover damages for personal injuries sustained by him and damage to his motor vehicle, caused by the negligence of the defendant. *123Defendant’s answer is general denial and plea of contributory negligence.

Plaintiff was driving easterly on State Highway Route 2 in Shirley, Massachusetts, outside the thickly settled part of the town, December 10, 1949, shortly after 6 a.m. The road was dry. It was dark at the time so that car lights were necessary. It was ten degrees below zero, the road was a two-lane road about 25 feet wide, flanked by snow…