A student who claims his car was "completely wrecked" when it was towed away by police is suing Cambridge and the Ellery Garage.

The car, a 1926, Reo owned by Robert Albert '55 of Beverly Farms and Kirkland House, was parked across from the Indoor Athletic Building on Holyoke St. during the Colgate game on October 10. It was locked and in reverse gear.

An Ellery truck hauled the car away by the front axle, completely stripping all gears in the transmission. When the tow driver heard the grinding noise, he feared he would be held for the damage, and abandoned the Reo on Mt. Auburn St.

Neither the garage nor the police had any record of the towing, but a CRIMSON photographer happened to get a picture of the car, while it was being towed.

Albert announced earlier this week that he is filing suit against the police and the garage for the total value of the car, because Reo transmissions are no longer made.

The manager of the Ellery Garage, Henry Altman, said he had no knowledge of the towing. But when confronted with the CRIMSON picture and asked if his truck could have towed away a car without his knowing about it, he said, "Well, it's pretty hard to say what one of my drivers does."

Altman's only comment on the pending law suit was, "We've been sued before."

Albert is represented by his uncle, Boston attorney Alfred Albert, who said yesterday that he doubted if the City was exercising due care in the tow-away.