Marquis v. Messier

Action of tort to recover for personal injuries received by the plaintiff while riding as a guest in the defendant’s automobile which collided with a street car; *433There was a finding for the defendant. The report contains all the evidence material to the questions reported.

There are two main issues in the case, the first having to do with gross negligence and the second, with the repealing effect of St. 1936, C. 49, which amended G. L. (Ter. Ed.) C. 89, §5.

Before the issue of gross negligence can be considered on its merits, it is necessary to ascertain whether that issue is open to the…