Foley v. McDonald

The plaintiffs, riding in an automobile owned *97by the defendants and operated by their agent, were injured when the automobile struck a tree. Each plaintiff brought an action of tort in the District Court to recover compensation for her injuries. In each case certain requests by the defendants for rulings were refused, there was a finding for the plaintiff, a report to the Appellate Division, which dismissed the report, and an appeal by the defendants to this court.

The trial judge found that the plaintiffs were in the exercise of due care, that the automobile was being operated by and under…