McNeil v. Powers
| Decision Date | 07 March 1929 |
| Parties | McNEIL v. POWERS (two cases). |
| Court | United States State Supreme Judicial Court of Massachusetts Supreme Court |
OPINION TEXT STARTS HERE
Exceptions from Superior Court, Middlesex County; Marcus Morton, Judge.
Action by Mary McNeil and by John McNeil against Adaline L. Powers. Verdicts for defendant, and plaintiffs bring exceptions. Exceptions overruled.
Automobiles k192(6)-Compulsory Insurance Law held not to make owner liable for negligence of one, not servant or agent, operating motor vehicle with his knowledge and consent (Compulsory Insurance Law, s 34A, added to G. L. c. 90 by St. 1925, c. 346, s 2, and amended by St. 1926, c. 368, s 2).
Compulsory Insurance Law, s 34A, added to G. L. c. 90, by St. 1925, c. 346, s 2, and amended by St. 1926, c. 368, s 2), held not to make owner of motor vehicle responsible for negligence of one not his servant or agent, although operating his motor vehicle with his knowledge and consent.
M. Palais, of Boston, for plaintiffs.
F. M. Qua, of Lowell, for defendant.
These actions of tort grow out of a collision between an automobile in which the plaintiffs were riding and one owned by the defendant, but operated by her brother, who was using the car on his own business and not on the defendant's business, but with the defendant's knowledge and consent. The defendant was not in her automobile at the time of the accident. The sole question argued is whether the judge rightly denied this request for ruling: ‘It is not necessary as a matter of law under the Compulsory Insurance Law for the plaintiff to prove agency on the part of the operator of defendant's car, if there is evidence, or it is agreed, that at the time of the accident the defendant's car was being operated by some person with the knowledge and consent of the owner, the defendant in this case.’
The plaintiffs rest their cases entirely on the contention that the pre-existing common law, to the effect that one who is neither servant nor agent of the owner, but an independent bailee cannot by his negligence charge the owner with liability. Marsal v. Hickey, 225 Mass. 170, 114 N. E. 301, has been changed by section 34A of the Compulsory Automobile Insurance Law, added to G. L. c. 90 by St. 1925, c. 346, § 2, and amended by St. 1926, c. 368, § 2. The pertinent provisions of this statute are that the owners of motor vehicles must give a bond conditioned that ‘the obligor shall within thirty days after the rendition thereof satisfy all judgments...
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Bruce v. Hanks
...v. Franco, 273 Mass. 272, 173 N. E. 529, and Wilson v. Grace, 273 Mass. 146, 173 N. E. 524. The language of McNeil, v. Powers, 266 Mass. 446, 447, 165 N. E. 385, in which the statute is spoken of as extending further the liability of an owner of a motor vehicle, refers to change in the meth......
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O'Roak v. Lloyds Cas. Co.
...the contemplation of the owner in making bailment of his motor vehicle to his son that it should be used by others. McNeil v. Powers, 266 Mass. 446, 165 N. E. 385, was an action of tort against the owner and arose before the enactment of St. 1928, c. 317, § 1, now embodied in G. L. (Ter. Ed......
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Leonard v. Blake
...of the automobile by her daughter because of an agency relationship existing between them. See G.L.(Ter.Ed.) c. 229, § 5; McNeil v. Powers, 266 Mass. 446, 165 N.E. 385;Nash v. Lang, 268 Mass. 407, 410, 167 N.E. 762;Bruce v. Hanks, 277 Mass. 268, 272, 178 N.E. 728. That adjudication is concl......
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Hobbs v. Cunningham
...or agent. Opinion of the Justices, 251 Mass. 569, 599, 147 N. E. 681;Marsal v. Hickey, 225 Mass. 170, 114 N. E. 301;McNeil v. Powers, 266 Mass. 446, 165 N. E. 385. It cannot be doubted that upon the death of Evans and the allowance of his will by the probate court the title to all personal ......