Russo v. McAviney
Supreme Court of Connecticut
Action to recover damages for injuries to the person of the plaintiff and to his motorcycle, alleged to have been caused by the negligence of the defendant’s son and servant while engaged upon the defendant’s business, brought to the Superior Court in New Haven County and tried to the jury before Hinman, Jverdict and judgment for the plaintiff for $2,800, and appeal by the defendant.
1Opinion of the CourtWheeler, C. J.
The defendant requested the court to direct a verdict in his favor, since there was no evidence from which the authority of the defendant’s son Walter to borrow the car of Hoffman and Thim could be found.
If the defendant is right in his interpretation of the evidence, the verdict ought to have been so directed. There was no evidence offered from which an express authorization could have been found. Hence the authority of the son to borrow this car must be implied, that is, it must arise out of the circumstances present.
The court instructed the jury that the plaintiff must prove that the son…
2Cases cited6 opinions
- Stone v. HillsSupreme Court of Connecticut · 1877
- Turner v. American District Telegraph & Messenger Co.Supreme Court of Connecticut · 1920
- Wilson v. Pennsylvania RailroadSupreme Court of New Jersey · 1899
- Stuart v. DoyleSupreme Court of Connecticut · 1921
- Indiana Bicycle Co. v. TuttleSupreme Court of Connecticut · 1902
1 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Hallas v. Boehmke & Dobosz, Inc.Supreme Court of Connecticut · 1997
- Ashland Coca Cola Bottling Co. v. EllisonCourt of Appeals of Kentucky (pre-1976) · 1933
- Ackerson v. Erwin M. Jennings Co.Supreme Court of Connecticut · 1928
- Leary v. JohnsonSupreme Court of Connecticut · 1970
- Fireman's Fund Indemnity Co. v. Longshore Beach & Country Club, Inc.Supreme Court of Connecticut · 1941
14 more not listed; retrieve them via the Exa API.