SPALDING, J.
On the night of July 5, 1950, the plaintiff, while crossing Main Street, Springfield, was struck by an automobile owned and operated by one Walter S. Lafko. He brought this action of tort against the defendant, alleging in his declaration that at the time of the accident Lafko was operating the automobile as an employee of the defendant in the course of his employment. At the close of the evidence the judge directed a verdict for the defendant, subject...
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