Baldwin v. Sommer

This is an action of tort brought by an employee against his employer, who was not insured under the workmen’s compensation act, G. L. c. 152, to recover compensation for personal injuries. There was a verdict for the plaintiff. The defendant brings the case here on exceptions to the denial of his motion for a directed verdict.

There was evidence that the plaintiff, a foreman for the defendant, was riding in a tip cart owned by the defendant and driven by an employee of the defendant, that the plaintiff and the driver were acting within the scope of their employment, and that the plaintiff in…