McNeil v. Powers

These actions of tort grow out of a collision between an automobile in which the plaintiffs were riding and one owned by the defendant but operated by her brother, who was using the car on his own business and not on the defendant’s business but with the defendant’s knowledge and consent. The defendant was not in her automobile at the time of the accident. The sole question argued is whether the judge rightly denied this request for ruling: “It is not necessary as a matter of law under the Compulsory Insurance Law for the plaintiff to prove agency on the part of the operator of defendant’s…