Giedrewicz v. Donovan

This is an action of tort for personal injuries, brought by a pedestrian against the operator of an automobile. The plaintiff’s demurrer to the third and fourth paragraphs of the amended answer was sustained, and at the request of both parties the trial judge, being of opinion that his order on the demurrer ought to be determined by this court before further proceedings in the Superior Court, reported the case upon the declaration, amended answer, demurrer and order sustaining the demurrer.

The third paragraph of the answer alleged that by writ, dated May 16, 1927, the plaintiff brought an…