Dearborn v. Fuller
Supreme Court of New Hampshire
Case, for negligently causing the death of the plaintiff’s intestate William Wallace. Trial by jury and verdict for the plaintiff. The intestate was injured by being thrown from an automobile in which he was riding and which was driven by one Freeman, who was at the time engaged in his employment for the defendant as the general sales agent in this state for the defendant’s motor sales agency.
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Case, for negligently causing the death of the plaintiff’s intestate William Wallace. Trial by jury and verdict for the plaintiff. The intestate was injured by being thrown from an automobile in which he was riding and which was driven by one Freeman, who was at the time engaged in his employment for the defendant as the general sales agent in this state for the defendant’s motor sales agency. The defendant owned the automobile, and there was no evidence that Freeman was not a skilful driver. , A bargain for a car, through Freeman’s agency, had been completed by Wallace the day before the…
1Opinion of the CourtPeaslee, J.
If at the time Freeman caused the injury he was not acting within the scope of his employment, the defendant is not liable. Danforth v. Fisher, 75 N. H. 111. The evidence is conclusive to the effect that Freeman had no authority from the defendant to carry Wallace as a passenger. This excess of his authority continued as long as Freeman pursued the unauthorized course of conduct. He not only exceeded his authority in asking Wallace to ride, but also in receiving him into the car and in thereafter transporting him therein. In all that Freeman did touching the carriage of Wallace he acted…
2Cases cited3 opinions
- Danforth v. FisherSupreme Court of New Hampshire · 1908
- Brookhouse v. Union Publishing Co.Supreme Court of New Hampshire · 1905
- Clark v. MarshallSupreme Court of New Hampshire · 1883
3Cited by14 opinions
- Liggett & Myers Tobacco Co. v. De ParcqCourt of Appeals for the Eighth Circuit · 1933
- Meyer v. CulleyWyoming Supreme Court · 1952
- White v. Brainerd Service Motor Co.Supreme Court of Minnesota · 1930
- Kuharski v. Somers Motor Lines, Inc.Supreme Court of Connecticut · 1945
- Morin v. People's Wet Wash Laundry Co.Supreme Court of New Hampshire · 1931
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