Melchionda v. American Locomotive Co.
Massachusetts Supreme Judicial Court
Tort for damage to the plaintiff’s horse and pedler’s cart and to the fruit contained in the cart from being run into on the morning of August 5, 1913, on Rutherford Avenue in the part of Boston called Charlestown by a motor truck belonging to the defendant by reason of the negligence of the driver of the truck alleged to have been the servant of the defendant.
Read the full summary
Tort for damage to the plaintiff’s horse and pedler’s cart and to the fruit contained in the cart from being run into on the morning of August 5, 1913, on Rutherford Avenue in the part of Boston called Charlestown by a motor truck belonging to the defendant by reason of the negligence of the driver of the truck alleged to have been the servant of the defendant. In the Superior Court the case was tried before White, J. The plaintiff testified that, as he was driving carefully along Rutherford Avenue, the defendant’s motor truck, coming from the opposite direction, suddenly swerved over to its…
1Opinion of the CourtBraley, J.
The defendant is not responsible in damages because it owned the motor truck which through the carelessness of the driver came into collision with the plaintiff’s team while both were travellers upon a public way. The plaintiff must go further and offer evidence from which it could be found that the driver was the defendant’s servant. Trombley v. *205Stevens-Duryea Co. 206 Mass. 516. Marsal v. Hickey, 225 Mass. 170.
It is plain from the uncontroverted evidence that while originally the defendant let the truck for hire, which included the services of a driver as in Shepard v. Jacobs, 204 Mass. 110,…
2Cases cited7 opinions
- Driscoll v. TowleMassachusetts Supreme Judicial Court · 1902
- Shepard v. JacobsMassachusetts Supreme Judicial Court · 1910
- Trombley v. Stevens-Duryea Co.Massachusetts Supreme Judicial Court · 1910
- Morgan v. SmithMassachusetts Supreme Judicial Court · 1893
- Samuelian v. American Tool & Machine Co.Massachusetts Supreme Judicial Court · 1897
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- McDonough v. VozzelaMassachusetts Supreme Judicial Court · 1924
- Posey Ex Rel. Posey v. KroghNorth Dakota Supreme Court · 1934
- Bishop v. PastorelliMassachusetts Supreme Judicial Court · 1921
- Butler v. Mechanics Iron Foundry Co.Massachusetts Supreme Judicial Court · 1927
- Phillips v. GookinMassachusetts Supreme Judicial Court · 1918
1 more not listed; retrieve them via the Exa API.