Tuttle v. Dodge
Supreme Court of New Hampshire
Case, for negligence, trial by jury and verdict for the plaintiff. The accident happened on December 9, 1918, on Elm street in Man-Chester and resulted from a collision between the plaintiff, who was on foot, and a light delivery truck owned by the defendants and operated by George S. Dodge, son of the senior partner of the defendant firm of Dodge & Laing. The defendants denied that the driver was acting as their employee at the time of the accident.
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Case, for negligence, trial by jury and verdict for the plaintiff. The accident happened on December 9, 1918, on Elm street in Man-Chester and resulted from a collision between the plaintiff, who was on foot, and a light delivery truck owned by the defendants and operated by George S. Dodge, son of the senior partner of the defendant firm of Dodge & Laing. The defendants denied that the driver was acting as their employee at the time of the accident. Upon this question the evidence tended to prove the following facts. The driver was employed on a weekly salary. His duties were to deliver…
1Opinion of the CourtPeaslee, J.
I. The plaintiff seeks to charge the defendants for the negligence of the driver of the truck upon the ground that the driver’s work for them and his own errands were by the course of business so interwoven that it was a question for the jury whether the former was not involved in the present instance. While the issue as to what acts are within the scope of a servant’s employment is called a mixed question of law and fact (Defoe v. Stratton, ante, 109, and cases cited), the question whether there is any evidence from which the issue can be found one way or the other is one of law. Certain…
2Cases cited8 opinions
- Donovan's CaseMassachusetts Supreme Judicial Court · 1914
- Claim of Littler v. George A. Fuller Co.New York Court of Appeals · 1918
- Harrison v. Central Construction Co.Court of Appeals of Maryland · 1919
- Swanson v. LathamSupreme Court of Connecticut · 1917
- Cox's CaseMassachusetts Supreme Judicial Court · 1916
3 more not listed; retrieve them via the Exa API.
3Cited by38 opinions
- State v. CornellArizona Supreme Court · 1994
- May v. FarrellCalifornia Court of Appeal · 1928
- Wisutskie v. MalouinSupreme Court of New Hampshire · 1936
- Derosier v. New England Telephone & Telegraph Co.Supreme Court of New Hampshire · 1925
- Cain v. MarquezCalifornia Court of Appeal · 1939
33 more not listed; retrieve them via the Exa API.