Legal Opinion
Kelly v. Railway Express Agency, Inc.
Massachusetts Supreme Judicial Court
Decided December 28, 1943PublishedCited by 95 opinions
1Opinion of the CourtQua, J.
On March 4, 1942, the plaintiff, while a pedestrian on Beverly Street in Boston,- was struck and injured by a motor truck. The principal question is whether there was any evidence to warrant the jury in finding that the truck was driven by an employee of the defendant acting within the scope of his employment. The plaintiff derives no aid from G. L. (Ter. Ed.) c. 231, § 85A, since there was no evidence that the truck was registered in the name of the defendant.
The issue was for the jury, if anywhere in the evidence, from whatever source derived, any combination of circumstances could be found…
2Cases cited21 opinions
- United States Fidelity & Guaranty Co. v. English Construction Co.Massachusetts Supreme Judicial Court · 1939
- McDonough v. VozzelaMassachusetts Supreme Judicial Court · 1924
- Gleason v. MannMassachusetts Supreme Judicial Court · 1942
- Conrad v. MazmanMassachusetts Supreme Judicial Court · 1934
- Horneman v. BrownMassachusetts Supreme Judicial Court · 1934
16 more not listed; retrieve them via the Exa API.
3Cited by95 opinions
- Nei v. BurleyMassachusetts Supreme Judicial Court · 1983
- Raunela v. Hertz Corp.Massachusetts Supreme Judicial Court · 1972
- Masingill v. EMC Corp.Massachusetts Supreme Judicial Court · 2007
- Colter v. Barber-Greene Co.Massachusetts Supreme Judicial Court · 1988
- Pridgen v. Boston Housing AuthorityMassachusetts Supreme Judicial Court · 1974
90 more not listed; retrieve them via the Exa API.