Pelland v. D'Allesandro

This is an action of tort to recover compensation for damage to the plaintiff’s automobile alleged to have been caused by the defendant’s negligence. The trial judge found for the plaintiff, and the case now comes before us on the defendant’s appeal from the order of the Appellate Division dismissing the report.

There was evidence as follows: On the night of July 6, .1941, the plaintiff was operating an automobile owned by him on the Boston Road at a point between Bedford and Chelmsford. He was proceeding on the right hand side of the road at a speed of about thirty to thirty-five miles an…