Arnold v. Brereton

The case is before this court on the appeal of the defendant from an order, "Report Dismissed,” of the Appellate Division for the Western District. The action is one of tort to recover for damage to the plaintiff’s automobile, caused by the negligent operation of the defendant’s automobile by his servant while engaged in his business. After a hearing before a special justice of the District Court of Springfield, the report was established by the presiding justice of the Appellate Division under Rule 30 of the District Courts. At the close of the evidence, the special justice refused to rule:…