Diggins v. Theroux

This is an action of tort for personal injury originally brought in the Superior Court by writ dated February 17, 1941. At the conclusion of the plaintiff’s *736opening to the jury the trial judge dismissed the action for want of jurisdiction on the ground that the action arose out of the operation of a motor vehicle and therefore came within the provision contained in G. L. (Ter. Ed.) c. 218, § 19, as amended by St. 1934, c. 387, § 1, that “District courts shall have exclusive original jurisdiction of actions of tort arising out of the operation of a motor vehicle.” The plaintiff excepted.

The…