Hobart v. Cavanaugh

This action of tort for assault and battery is before us on the plaintiff’s exception to the allowance of the defendant’s motion that a verdict be entered for him under leave reserved. G. L. c. 231, § 120.

The defendant (Cavanaugh) conducted a trucking business. For several years he kept his trucks at a garage operated by the plaintiff (Hobart) in Beading. Cavanaugh employed one Blickenstaff as a truck driver. Blicken-staff’s normal duties required him to truck tannery products from Peabody or Lynn to Woburn. He worked on a part time basis, from three to eight hours a day. Blicken-staff…