Higgins v. Bickford
Massachusetts Supreme Judicial Court
Tort for personal injuries sustained by the plaintiff between five and half past five o’clock in the afternoon of April 18, 1913, when the plaintiff on foot was crossing Summer Street in Boston near the corner of Chauncy Street, by being run into by a motor car belonging to the defendant and driven by one Munroe alleged to have been the servant or agent of the defendant.
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Tort for personal injuries sustained by the plaintiff between five and half past five o’clock in the afternoon of April 18, 1913, when the plaintiff on foot was crossing Summer Street in Boston near the corner of Chauncy Street, by being run into by a motor car belonging to the defendant and driven by one Munroe alleged to have been the servant or agent of the defendant. Writ dated June 16, 1913. In the Superior Court the case was tried before Stevens, J. The bill of exceptions contained the following statements: "There was evidence tending to show that the plaintiff was lawfully travelling…
1Opinion of the CourtBraley, J.
While crossing a public way on foot the plaintiff, whose due care is not questioned, suffered personal injuries, as the jury could find, through the negligence of one Munroe who was in physical possession of and was driving the defendant’s motor car.- The question for decision is whether there was any evidence for the jury that at the time of the accident Munroe was acting as the defendant’s servant or agent.
*54The jury would have been warranted in finding on the entire evidence, that the car was used, not only for pleasure driving by the defendant and by Munroe with the defendant’s permission,…
2Cases cited3 opinions
- Trombley v. Stevens-Duryea Co.Massachusetts Supreme Judicial Court · 1910
- Niland v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1911
- Ouimette v. HarrisMassachusetts Supreme Judicial Court · 1914
3Cited by5 opinions
- Whitelock v. DennisCourt of Appeals of Maryland · 1921
- Barber v. C. W. H. Moulton Ladder Co.Massachusetts Supreme Judicial Court · 1919
- Stegman v. Sturtevant & Haley Beef & Supply Co.Massachusetts Supreme Judicial Court · 1922
- Kovell v. North Roseland Motor Sales Inc.Appellate Court of Illinois · 1934
- Santoro v. BickfordMassachusetts Supreme Judicial Court · 1918