Gladney v. Holland Furnace Co.
| Decision Date | 06 November 1957 |
| Citation | 336 Mass. 366,145 N.E.2d 694 |
| Parties | Charles F. GLADNEY, Junior, v. HOLLAND FURNACE COMPANY. |
| Court | United States State Supreme Judicial Court of Massachusetts Supreme Court |
Morris Michelson, Marvin K. Rasnick, Boston, for plaintiff.
Donald R. Anderson, Boston, for defendant.
Before WILKINS, C. J., and WILLIAMS, COUNIHAN, WHITTEMORE and CUTTER, JJ.
This is an action of tort for personal injuries. The plaintiff duly saved exceptions to the refusal to admit a certain insurance policy in evidence and to the direction of a verdict for the defendant.
One Davis was the operator of an automobile (owned and paid for by him and insured and registered in his name and at his expense), which struck and seriously injured the plaintiff on November 25, 1953. Davis had been employed for some time by Holland Furnace Company (hereinafter called Holland) to install and provide service for heating equipment sold by Holland. He had no other employment. At the time of the accident, Davis was on his way to make a service call. He had his own work tools with him and spare parts belonging to Holland, but no company tools.
When Davis was hired, it was understood that he would require an automobile to do his work and he used his automobile regularly in connection with his work. He was paid on a commission basis for installation work and at a flat rate for service calls. He was not given any travel allowance nor was he reimbursed for gasoline, oil, or maintenance costs, although he paid such expenses from his earnings received from Holland. He furnished Holland with a daily work sheet showing what he had done. Holland withheld his income and social security taxes.
Holland told him which calls were on a priority basis and were to be given first attention. If Holland told him to drop everything and make a particular call, he would do so. Holland 'had a right to tell him where to go and when to go and how to go * * * but they would not tell him specifically what streets to use or how fast to drive * * * nor whether he could stop * * * on the way' but if Holland 'told him to take the quickest way * * * without stopping he * * * would do it.' Davis testified that 'the use and control of his car were entirely in his control.' He would visit Holland's office each day and receive a list of calls, reporting when he had finished them in order to be assigned other calls.
On the night of the accident, he was given at the Holland office three calls, including one priority call in Weymouth about three blocks from his home. After making two calls, he stopped to make a personal purchase at a bakery, and then, on the way to the Weymouth call, the accident occurred. We consider the case on the assumption that there was evidence...
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Goldstein v. Gontarz
...the defendant is insured against liability. Braun v. Bell, 247 Mass. 437, 442--443, 142 N.E. 93 (1924). Gladney v. Holland Furnace Co., 336 Mass. 366, 368, 145 N.E.2d 694 (1957). Prosser, Torts (4th ed.) § 83, p. 549 (1971). Exposing juries to such information is condemned because it is not......
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Elbar Realty, Inc. v. City Bank & Trust Co.
...or likely to be prejudicial) the judge in his discretion seems properly to have struck from the record. See Glandney v. Holland Furnace Co., 336 Mass. 366, 368, 145 N.E.2d 694. Exceptions 1 The case was tried with three similar actions. Two of these alleged conversion of the same certificat......
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Cooner v. United States, 7887.
...Law, Agency 2d, § 235. 13 Conversions & Surveys, Inc. v. Roach, 1 Cir., 204 F.2d 499, 501. 14 See, for instance, Gladney v. Holland Furnace Co., 336 Mass. 366, 145 N.E.2d 694. 15 289 N.Y. 313, 45 N.E.2d 16 Since the Court of Appeals had determined that the employee was a servant, not an ind......
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Konick v. Berke, Moore Co.
...Co., 288 Mass. 66, 192 N.E. 315; Shea v. Bryant Chucking & Grinder Co., 336 Mass. 312, 314, 145 N.E.2d 692; Gladney v. Holland Furnace Co., 336 Mass. 366, 368, 145 N.E.2d 694. See Conversions & Surveys, Inc. v. Roach, 204 F.2d 499 (1st Cir.); Tavolieri v. Allain, 222 F.Supp. 756 (D.Mass.). ......