D'Addio v. Hinckley Rendering Co.
Massachusetts Supreme Judicial Court
Tort, for personal injuries alleged to have been caused by the plaintiff, a boy twenty months old, being run over on Prince Street in Boston by a wagon owned by the defendant and in which an employee of the defendant was driving. Writ in the Municipal Court of the City of Boston dated October 20, 1910. On appeal to the Superior Court the case was tried before Lawton, J. The material facts are stated in the opinion.
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Tort, for personal injuries alleged to have been caused by the plaintiff, a boy twenty months old, being run over on Prince Street in Boston by a wagon owned by the defendant and in which an employee of the defendant was driving. Writ in the Municipal Court of the City of Boston dated October 20, 1910. On appeal to the Superior Court the case was tried before Lawton, J. The material facts are stated in the opinion. At the close of the plaintiff’s evidence, the defendant rested, and the judge ordered a verdict for the defendant and reported the case to this court for determination, the parties…
1Opinion of the CourtHammond, J.
The only question argued before us by either counsel is whether the evidence would have warranted a finding that the team which is alleged-to have caused the injuries to the plaintiff was at the time of the accident owned by the defendant and driven by its servant acting within the scope of his employment.*
The evidence upon this question consisted in part of the oral testimony of witnesses called by the plaintiff and in part of the written answers of the defendant’s treasurer to interrogatories to him, filed by the plaintiff. The only oral evidence as to the wagon was that it was “a soap…
2Cited by28 opinions
- Kelly v. Railway Express Agency, Inc.Massachusetts Supreme Judicial Court · 1943
- McDonough v. VozzelaMassachusetts Supreme Judicial Court · 1924
- Robinson v. DoeMassachusetts Supreme Judicial Court · 1916
- D'Arcangelo v. TartarMassachusetts Supreme Judicial Court · 1928
- Heywood v. OgasapianMassachusetts Supreme Judicial Court · 1916
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