De Simone v. Barr

The plaintiff was injured by reason of the collision of a motorcycle, in the side car of which he was riding, with an automobile operated by one Tirrell and owned by the defendant. Tirrell was employed by the defendant, but at the time of the collision he was driving the automobile for his own purposes, and not in connection with the defendant’s business. In the Superior Court a verdict was directed for the defendant.

The automobile was lent to Tirrell. He was using it on an errand of his own. This evidence was not contradicted. In these circumstances the defendant is not liable for the…