Segal v. Segal

Birns, J., and Lynch, J.

dissent in a memorandum by Lynch, J. as follows: We dissent and would reverse and dismiss the complaint. In this negligence action the issue of liability only was tried by the court without a jury. An automobile, owned by defendant Segal, lent to his daughter, Mrs. Fritz, who was a passenger, and driven by the named, but unserved defendant, Miss Cooper, was in an accident, injuring the plaintiff who is also a daughter of the defendant owner. The car suddenly went out of control while going east on the Massachusetts Turnpike, coming to rest on the inside eastbound lane…