Palomebella v. Foss

This is ah action of tort to recover compensation for damage to an automobile owned and operated by the plaintiff and for personal injuries received by him, alleged to have been caused by reason of a collision with an automobile' owned and negligently operated by the defendant. The answer was a general denial and an allegation of contributory negligence. The exceptions raise only the question whether the case rightly was submitted to the jury oh the due care and contributory negligence of the plaintiff. O’Connor v. Hickey, 268 Mass. 454. The burden of proving contributory negligence rested…