Perkins v. Frank J. Cole, Inc.

On November 12, 1941, the plaintiff was struck and injured on Shawmut Avenue in Boston by a motor vehicle owned by the defendant and operated by its agent or servant. The only question presented is whether the judge was in error in directing a verdict for the defendant on the second count of the plaintiff’s declaration, in which the plaintiff alleged that the defendant’s motor vehicle was “illegally registered and a nuisance on the highway.”

The application for registration was signed “Frank J. Cole Inc by G. W. Cole Sec.” This was the correct signature of the defendant in the name by which it…