Falden v. Crook

The minor plaintiff (hereinafter called the plaintiff) was injured on August 7, 1953, at 8:30 p.m. when she was thrown from the running board of a small truck against an upright post supporting the elevated railway tracks on Washington Street in Boston. The defendant Crook was the operator of the truck, and was employed as an ice cream salesman by the owner, the defendant Simco Sales Service of Boston, Inc. (Siimco). He sold ice cream from the truck to buyers along a route which had been prescribed for him by Simco. His duties were to drive the truck over the route, sell ice cream, “drum up…