Harnden v. Smith

COX, Justice. This is an action of tort to recover damages for personal injuries resulting from the alleged illegal operation of an automobile by the defendant. The jury found for the plaintiff, and the only exceptions argued are to the refusal of the trial Judge to give three rulings requested by the defendant and to allow her motion for a directed verdict. It was agreed that at the time of the injury the automobile in question was registered in the name of 'Evelyn A. Smith , 261 Wessagusett Road, North Weymouth'; that the registration was issued on September 8, 1931; and that the application for registration contained the name of the defendant, as owner, and her address as it appears in the registration. 1. There was no error in the refusal to give the first request that there 'is no evidence to warrant a finding that the defendant's car was illegally registered by reason of any statement set out in her application for registration or her registration certificate as to her address or place of residence.' It is not contended that the automobile in question was not improperly registered in the application for and certificate of registration did not contain the place of residence and address of the defendant. G.L.(Ter.Ed.) c. 90, § 2. See Gray v. Hatch, Mass., 12 N.E.2d 71, and cases cited. Inasmuch as the injuries were sustained on November 4, 1931, the provisions of St.1934, c. 361, amending section 9 of G.L.(Ter.Ed.) c. 90, have no application.