Tirone v. Tirone

By the decisional law of Massachusetts the owner of an automobile is not responsible for the negligence of its operator other than himself unless the operator is at the time acting as an agent of the owner. (Dennis v. Glynn, 262 Mass. 233; Marsal v. Hickey, 225 Mass. 170; Herlihy v. Smith, 116 Mass. 265.)

Section 85A (added to Gen. Laws of Mass. [Ter. ed.], ch. 231 by Stat. 1928, ch. 317, § 1) provides: “ In all actions to recover damages for injuries to the person or to property or for the death of a person, arising out of an accident or collision in which a motor vehicle was involved,…