O'Rourke v. A-G Co.
Massachusetts Supreme Judicial Court
Tort for personal injuries sustained on July 23, 1916, when the plaintiff was eleven years old and was riding a bicycle near the intersection of Taylor Avenue and Main Street in Westfield, by being run into by a motor car belonging to the defendant and alleged to have been operated negligently by a servant of the defendant. Writ dated August 2, 1916 In the Superior Court the case was tried before Aiken, C. J. The material evidence is described in the opinion.
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Tort for personal injuries sustained on July 23, 1916, when the plaintiff was eleven years old and was riding a bicycle near the intersection of Taylor Avenue and Main Street in Westfield, by being run into by a motor car belonging to the defendant and alleged to have been operated negligently by a servant of the defendant. Writ dated August 2, 1916 In the Superior Court the case was tried before Aiken, C. J. The material evidence is described in the opinion. At the close of the plaintiff’s evidence the defendant made a motion asking the Chief Justice to order a verdict for it. This motion…
1Opinion of the CourtDe Courcy, J.
The plaintiff was injured in a collision between a bicycle on which he was riding and a motor car of the defendant, near the intersection of Taylor Avenue and Main *131Street in Westfield. It could be found on the evidence that the plaintiff was using due care, and that the collision was caused by the negligence of Homer E. Hunger, who was operating the car. The controlling question is whether Hunger, at the time of the accident, was engaged in the business of the defendant, thereby making the corporation liable for his negligent conduct.
As we construe the record, the trial judge refused to rule…
2Cases cited14 opinions
- Hartnett v. GryzmishMassachusetts Supreme Judicial Court · 1914
- D'Addio v. Hinckley Rendering Co.Massachusetts Supreme Judicial Court · 1913
- Reynolds v. DenholmMassachusetts Supreme Judicial Court · 1913
- McKeever v. RatcliffeMassachusetts Supreme Judicial Court · 1914
- Heywood v. OgasapianMassachusetts Supreme Judicial Court · 1916
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3Cited by12 opinions
- McDonough v. VozzelaMassachusetts Supreme Judicial Court · 1924
- Fanciullo v. B. G. & S. Theatre Corp.Massachusetts Supreme Judicial Court · 1937
- Fletcher v. MeredithCourt of Appeals of Maryland · 1925
- Bishop v. PastorelliMassachusetts Supreme Judicial Court · 1921
- McAlevey v. LitchMassachusetts Supreme Judicial Court · 1920
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