Gardner v. Farnum
Massachusetts Supreme Judicial Court
Two actions of tort, the first action being by a minor (hereinafter called the plaintiff) for personal injuries received when he was knocked down and run over by an automobile owned by the defendant and operated by a chauffeur (Anderson by name) in his general employ, and the second action being by the father of the plaintiff in the first action for consequential damages.
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Two actions of tort, the first action being by a minor (hereinafter called the plaintiff) for personal injuries received when he was knocked down and run over by an automobile owned by the defendant and operated by a chauffeur (Anderson by name) in his general employ, and the second action being by the father of the plaintiff in the first action for consequential damages. Writs dated July 15, 1915. In the Superior Court the cases were tried together before Hitchcock, J. The due care of the plaintiff and the negligence of the chauffeur were admitted. The trial occupied two days. The evidence…
1Opinion of the CourtCrosby, J.
These are two actions of tort — one to recover for personal injuries received by the minor plaintiff, the other to recover for services and expenses incurred by the adult plaintiff — arising out of an automobile accident.
The automobile in question was owned by the defendant and was operated by one Anderson, a chauffeur in the general employ of the defendant. It was admitted that the minor plaintiff was in the exercise of due care and that Anderson was negligent; the only question before us is whether there was any evidence to show that Anderson was acting within the scope of his employ-'…
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