Kraiterman v. City of Boston

The plaintiff’s intestate brought this action in a district court to recover damages for injuries received by him when struck by an automobile owned by the defendant. He has since died, but for convenience the word “plaintiff” is hereinafter used in referring either to him or to his administratrix.(1) There were two trials in the District Court and two reports to the Appellate Division. At the first trial the defendant waived any question of agency and admitted that the automobile was owned by the defendant and was being operated by one Doherty on the business of the defendant at the time of…