Buckley v. Aetna Life Ins. Co.

• Decision Date: 01 June 1937
• Citation: 8 N.E.2d 748,297 Mass. 395
• Court: United States State Supreme Judicial Court of Massachusetts Supreme Court
• Parties: WILLIAM B. BUCKLEY v. AETNA LIFE INSURANCE COMPANY& others.

297 Mass. 395

8 N.E.2d 748

WILLIAM B. BUCKLEY v. AETNA LIFE INSURANCE COMPANY& others.

Supreme Judicial Court of Massachusetts, Suffolk.

June 1, 1937

April 9, 1937.

Present: RUGG, C.

J., FIELD, DONAHUE LUMMUS, & QUA, JJ.

Insurance, Motor vehicle liability. Bailment.

The proprietor of a parking space, authorized by the owner of an automobile insured under a compulsory motor vehicle liability insurance policy to drive it around within the space so far as necessary to allow other automobiles to get out, was a "person responsible" for its operation under

G. L. (Ter.

Ed.) c. 90, Section 34A, when an attendant for that purpose moved it to an adjoining public way and negligently parked it there; and was entitled to be indemnified by the insurer against liability under a judgment against him for personal injuries resulting from such negligence.

BILL IN EQUITY filed in the Superior Court on February 21, 1936. The suit was heard by Hanify, J., by whose order a final decree was entered directing the defendant insurance company to pay to the plaintiff $2,162.59 and costs. That defendant appealed.

H. W. Hardy, (G.

Petersen with him,) for the defendant Aetna Life Insurance Company.

G. S. Alberts, for the plaintiff.

LUMMUS, J. The defendant General Trading Company owned and operated a parking place for automobiles bounding on Bowdoin Street in Boston, a public way. The defendant Cunningham was its servant. The defendant Sarah C. Hall owned an automobile, and was insured by the defendant Aetna Life Insurance Company under the Massachusetts compulsory motor vehicle liability insurance law. G. L. (Ter. Ed.) c. 90, Section 34A. It is agreed that on October 29, 1934, Sarah C. Hall "gave her daughter-in-law, Marguerite A. Hall, permission to use the . . automobile, to drive to Boston, and to park in a private parking space if she wanted to, and to allow the attendant to drive the car around within the parking space so far as necessary to allow other automobiles to get out." Marguerite A. Hall left the automobile in the care of the defendant General Trading Company within its parking place with implied consent to drive it therein, paid the parking charge, and went away.

The defendant Cunningham, coming on duty later as attendant at the parking place, drove Mrs. Hall's automobile out of the parking place and stopped it at a point on Bowdoin Street where parking was prohibited. He did this to make room for an automobile in the middle of the parking place to get out. After he had returned to the parking place to relieve the congestion further, Mrs. Hall's automobile started, coasted down Bowdoin Street, and hurt the plaintiff. He obtained judgment in tort for negligent personal injury against Cunningham and the General Trading Company. He then brought this bill, under G. L. (Ter. Ed.) c. 175, Sections 112, 113; c. 214, Section 3 (10), to reach and apply in satisfaction of the judgment the obligation of the defendant Aetna Life Insurance Company under the compulsory liability policy issued to Sarah C. Hall. From a decree for the plaintiff the insurer appealed.

That policy, as required by G. L. (Ter. Ed.) c. 90, Section 34A, provided indemnity, not only to the insured but also to "any person responsible for the operation of the insured's motor vehicle with his express or implied...