Magee v. Lane

In this action of tort, Brian T. Magee, hereinafter called the plaintiff, seeks to recover for injuries sustained by him on February 23,1959, when he was struck by an automobile.1 His father seeks consequential damages.

The auditor, finding that the plaintiff was not in the exercise of due care and that the defendants were not negligent, found for the defendants. Thereafter the case was tried to a jury on the auditor’s report and other evidence. The jury returned verdicts for the plaintiff on count 1 and for his father on count 3.

Despite the fact that the verdicts were in the plaintiffs’ favor…