Harju v. SHELBY MUTUAL CASUALTY COMPANY

This is an action of assumpsit to recover under an automobile liability insurance policy issued by the defendant to the plaintiff. The defendant disclaimed liability thereunder and the plaintiff brought the instant action. The case was tried before a justice of the superior court sitting with a jury and resulted in a verdict for the defendant. It is before us on the plaintiff’s exceptions to the denial of his motion for a new trial and certain rulings made during the trial.

The following facts are not in dispute. Early in 1953 plaintiff applied to Manuel B. Vierra, an insurance broker,…