Benway v. Porter Chevrolet, Inc.

The plaintiff, Benway, by this bill in equity seeks to have the defendant corporation, hereinafter called Porter, exonerate him from any liability, expense or loss which may arise from a separate action of tort in which Benway, Porter, and one Campbell are parties defendant. The case comes to us on an appeal from a decree dismissing the bill.

The judge filed a report of material facts, which we summarize. Benway was employed by Porter as manager of its used car department. As manager, all used car repair work was under his supervision. On June 12, 1059, Ben-way issued a repair order that…