Moquin v. Kalicka

This is an action for injuries received by the plaintiff, as the result of being struck by an automobile truck, owned by the defendant and driven by his brother, Benjamin Kalicka. The question to be decided is, Was there any evidence for the jury that the defendant was responsible for the operation of the truck by his brother?

Benjamin Kalicka testified that he lived with the defendant; that without the latter’s knowledge he took the truck *478from the garage; that “he was on his way to collect some money which was due to him personally ” when the collision occurred; that he had no operator’s…