Stewart v. Barry

The actions are for negligence arising out of an automobile accident which occurred at about midnight on May 21, 1928. The plaintiff Paul Stewart was driving his automobile at the time of the accident and he sues for the damages to his automobile. The plaintiff Frawley was a passenger in Stewart’s car and sues for personal injuries. The defendant Barry was driving the defendant Kelly’s automobile, the defendant Kelly being not present, but his wife was riding with Barry.

The actions were begun by the service of a summons on May 24, 1928. The defendant Kelly appeared by attorney (who does not…