Shaner v. Imperial Motor Sales, Inc.

Exceptions overruled. In this action of tort the jury returned a verdict for the plaintiff which was recorded under leave reserved. Thereafter the judge entered a verdict for the defendant subject to the plaintiff’s exception. The correctness of this action presents the only question for decision. These facts could have been found. On Thanksgiving day, 1945, the plaintiff, accompanied by her husband, was driving an automobile on Huntington Avenue, Boston. One of the tires went flat, and she stopped at the defendant’s garage to see if she could have the tire changed. After learning that she…