Cooney v. Spack

This is an action of tort by which the plaintiff seeks to recover damages caused to his automobile by the defendant.

The latter in addition to a general denial in his answer, alleged contributory negligence, illegal registration of plaintiff’s automobile and the statute of limitations.

The reported evidence is substantially as follows:

The defendant parked his automobile, a 1941 Chevrolet, headed down an incline on Main Street, Gloucester, unattended, with the front wheels turned toward the curb. He had turned off the ignition, but the automobile was left in gear (which gear is not known). The…