Galbraith v. Levin

These are two actions of tort for personal injuries brought against the defendant Cohen (who owned the automobile involved in the accident), and the defendant Levin, his agent. The declaration in each action contained a count for negligence and one for nuisance. Verdicts were returned for the plaintiff, which were recorded under leave reserved. Thereafter, subject to the plaintiff’s exceptions, the judge entered verdicts for the defendants. The correctness of this action presents the only question for decision.

These facts could have been found. Late in the afternoon of January 12, 1945, while…