Balian v. Ogassian (Two Cases‪)‬

FIELD, J. These are actions of tort, one brought by a minor, by his next friend, to recover damages for personal injuries sustained by him on August 27, 1929, while riding in an automobile operated by the defendant, and the other brought by the father of the minor plaintiff to recover his medical expenses. The declaration in each case contains a count alleging negligence and another alleging that the defendants automobile was not legally registered. (In the minor plaintiffs case a count alleging gross negligence was waived.) There was evidence that the automobile operated by the defendant was not legally registered, but the jury found, in answer to a special question, that it was legally registered. Aside from the evidence that the automobile was not legally registered there was evidence of ordinary negligence of the defendant, but no evidence of gross negligence. A verdict for the defendant in each case upon each count of the declaration was directed. The cases come before us on the plaintiffs exceptions to the direction of verdicts, to the ruling of the trial Judge that it was necessary for the plaintiffs to show gross negligence in order to recover, to his refusal to rule that the plaintiffs were entitled to recover in these actions and to make rulings requested by the plaintiffs bearing upon the issue of registration, to parts of the charge bearing on that issue, and to the denial of the plaintiffs motion to set aside the special finding of the jury.