McKeever v. Ratcliffe
Massachusetts Supreme Judicial Court
Tort for personal injuries sustained on November 10, 1911 when the plaintiff, who was nearly seventy years of age, was crossing Washington Street at or near Boylston Street in the part of Boston called Jamaica Plain, and was knocked down by an automobile owned by the defendant, which was alleged to have been operated negligently by the defendant’s servant.
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Tort for personal injuries sustained on November 10, 1911 when the plaintiff, who was nearly seventy years of age, was crossing Washington Street at or near Boylston Street in the part of Boston called Jamaica Plain, and was knocked down by an automobile owned by the defendant, which was alleged to have been operated negligently by the defendant’s servant. Writ dated October 17, 1912. In the Superior Court the case was tried before White, J. The automobile which struck the plaintiff was “owned by the defendant and operated by one Hicks, who was a chauffeur in the general employ of the…
1Opinion of the CourtSheldon, J.
The liability of the defendant for the negligence of Hicks his chauffeur in driving the defendant’s automobile depends upon whether Hicks then was acting within the scope of his employment. Cain v. Hugh Nawn Contracting Co. 202 *20Mass. 237, 239. The jury could find that Hicks was permitted by the defendant to use the automobile in going to his dinner at McCarthy’s house and thence to McCarthy’s shop, on his way to the school on Marlborough Street. Reynolds v. Denholm, 213 Mass. 576. But on this occasion, instead of going from McCarthy’s shop directly to Marlborough Street by the usual route, he…
2Cases cited5 opinions
- Ritchie v. WallerSupreme Court of Connecticut · 1893
- McCarthy v. TimminsMassachusetts Supreme Judicial Court · 1901
- Fleischner v. DurginMassachusetts Supreme Judicial Court · 1911
- Reynolds v. DenholmMassachusetts Supreme Judicial Court · 1913
- Cain v. Hugh Nawn Contracting Co.Massachusetts Supreme Judicial Court · 1909
3Cited by26 opinions
- Wang Laboratories, Inc. v. Business Incentives, Inc.Massachusetts Supreme Judicial Court · 1986
- Anderson v. Southern Cotton Oil Co.Supreme Court of Florida · 1917
- Reilly v. . ConnableNew York Court of Appeals · 1915
- Brinkman v. ZuckermanMichigan Supreme Court · 1916
- Mosko v. Raytheon Co.Massachusetts Supreme Judicial Court · 1993
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