COUNIHAN, J.
This is an action of tort, in the first count by William Wallace for personal injury and in the second count by Thomas Walsh & Sons, Inc., for property damage, as a result of the alleged negligent operation of an automobile by the defendant on December 11, 1953. The answer set up contributory negligence but did not set up violation of a penal statute as a defence. There was a verdict for the defendant on each count.
The action comes here upon...
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