Coates v. Murphy

CAREY, Justice.

The appellant, Margaret Coates, as widow and administratrix of Earl H. Coates, deceased, has appealed from a summary judgment of the Superior Court in favor of Litton Business Systems, Inc. (Litton). Mr. Coates was killed through the alleged negligence of Timothy S. Murphy, an employee of Litton, who was operating an automobile owned by himself. The Court below held, as a matter of law, that Murphy was not acting within the scope of his employment at the time of the accident. This conclusion is questioned by the appellant, who contends that this issue should be a matter for the…