City of Boston v. Guarino

In this action of tort, the City of Boston seeks to recover for damage to one of its automobiles which was involved in a collision with a motor vehicle owned and operated by the defendant. The plaintiff’s automobile was being used at the time of the collision by the Fire Department of the City and was being operated by a fireman engaged in the performance of his duties as such. There was evidence from which the court could have found negligence on the part of each operator. After making a special finding that the plaintiff’s driver was not in the exercise of due care, the trial court found…