Chute v. Morey
Massachusetts Supreme Judicial Court
Tort for personal injuries received when a motor vehicle owned and operated by the plaintiff was run into by one owned by the defendant and negligently operated by one Elderkin.
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Tort for personal injuries received when a motor vehicle owned and operated by the plaintiff was run into by one owned by the defendant and negligently operated by one Elderkin. Writ dated October 3, 1917. In the Superior Court the action was tried before Sanderson, J. There was evidence tending to show that Elderkin was employed by the Vulcan Garage Company, a corporation which operated a garage, owned and let motor trucks and a roadster, but that its garage was not one where private individuals could go and get their cars repaired. Other material evidence is described in the opinion. At the…
1Opinion of the CourtJenney, J.
This is an action of tort to recover damages alleged to have been caused by á collision between automobiles on a public way. The trial judge submitted the case to the jury, who returned a verdict for the plaintiff. It is cbnceded that the only question is whether there was any evidence that the defendant’s automobile at the time of the accident was operated by a person for whose negligence the defendant was responsible. The due care of the plaintiff and the negligent operation of the defendant’s automobile are admitted.
There was evidence that on the day of the accident the defendant took his…
2Cases cited3 opinions
- Shepard v. JacobsMassachusetts Supreme Judicial Court · 1910
- Delory v. BlodgettMassachusetts Supreme Judicial Court · 1904
- Generous v. HosmerMassachusetts Supreme Judicial Court · 1913
3Cited by4 opinions
- Stegman v. Sturtevant & Haley Beef & Supply Co.Massachusetts Supreme Judicial Court · 1922
- Kovell v. North Roseland Motor Sales Inc.Appellate Court of Illinois · 1934
- Daigle v. PelletierSupreme Judicial Court of Maine · 1943
- O'Brien Transportation Co. v. GillMassachusetts District Court, Appellate Division · 1960