Santoro v. Bickford
Massachusetts Supreme Judicial Court
Tort for personal injuries sustained by the plaintiff on January 10, 1913, when the plaintiff lawfully was travelling on foot on Harrison Avenue in Boston near its intersection with ICneeland Street, from being knocked down and run over by a motor car belonging to the defendant driven by one Munroe, who was alleged to have been the servant or agent of the defendant.
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Tort for personal injuries sustained by the plaintiff on January 10, 1913, when the plaintiff lawfully was travelling on foot on Harrison Avenue in Boston near its intersection with ICneeland Street, from being knocked down and run over by a motor car belonging to the defendant driven by one Munroe, who was alleged to have been the servant or agent of the defendant. Writ dated January 22, 1913. In the Superior Court the case was tried before Chase, J. There was evidence on which the jury could find that the plaintiff at the time of the accident was in the exercise of due care and that his…
1Opinion of the CourtCrosby, J.
The plaintiff, while a traveller on foot upon a public way, was struck and injured by a motor car owned by the defendant and operated by one Munroe. There was evidence from which the jury could have found that the plaintiff was in the exercise of due care and that his injuries were due to the negligence of Munroe. The only question presented is whether the jury would have been warranted in finding that Munroe was acting as the servant or agent of the defendant at the time of the accident.
The defendant was in the employ of the Kelsey Company as general manager and was its vice president. A…
2Cases cited1 opinion
- Higgins v. BickfordMassachusetts Supreme Judicial Court · 1917
3Cited by2 opinions
- Posey Ex Rel. Posey v. KroghNorth Dakota Supreme Court · 1934
- Patterson v. BarnesMassachusetts Supreme Judicial Court · 1945