Sullivan v. Stevens

The plaintiff by election is proceeding in tort for the conversion of her automobile. The answer is a general denial and payment, with the further answer “the defendant says that if the plaintiff shall prove that the defendant committed the acts, then the defendant says that the same was done under and by virtue of the authority vested in the Cambridge Police Department under its police powers.”

There was a finding for the plaintiff.

The trial judge found the following facts:

“The plaintiff, on October 13, 1937, in the morning, parked her automobile facing a triangular section of Harvard Square,…