Cummings v. Republic Truck Co.

The main question for decision is whether the finding for the plaintiff was warranted by the facts found by the judge.

One McMahon, in the course of his employment by the defendant, on the evening of November 26, 1919, “went ... to interview” a prospective customer on Oak Street in Everett, properly using the defendant’s automobile for that purpose. This business having been concluded, instead of returning the automobile to the garage in Brookline where it was kept, McMahon accompanied two friends to a dance held in Whittier Hall, also in Everett, remaining there until about 11.30 p.m. This…