LOVE v. WORCESTER CONSOLIDATED STREET R'Y

Automobile. Negligence, In use of highway. Under St. 1909, c. 534, §§ 2, 9, if the owner of an automobile which is not registered in his name operates it upon a highway, he is there unlawfully, and a street railway company in operating its cars upon the highway owes him no other duty than to abstain from injuring him by wantonness or recklessness.

HAMMOND, J.

At the time of the accident the automobile was not registered in the name of its owner. It was therefore unlawfully upon the highway, and the defendant owed to the plaintiff no other duty than that of abstaining from injuring him by wantonness or recklessness. The case is fully covered by Dudley v. Northampton Street Railway, 202 Mass. 443, and Chase v. New York Central Hudson River Railroad, 208 Mass. 137.

Judgment for the defendant.