Regan v. John L. Kelly Contracting Co.

• Citation: 226 Mass. 58
• Parties: AGNES REGAN v. JOHN L. KELLY CONTRACTING COMPANY.
• Decision Date: 06 January 1917
• Court: United States State Supreme Judicial Court of Massachusetts

226 Mass. 58

AGNES REGAN v. JOHN L. KELLY CONTRACTING COMPANY.

Supreme Judicial Court of Massachusetts, Suffolk.

January 6, 1917

November 24, 1916.

Present: RUGG, C.

J., LORING, DE COURCY, CROSBY, & CARROLL, JJ.

Negligence, In driving motor truck. Motor Vehicle. Agency, Scope of employment.

If the driver of a motor truck suddenly and without giving any warning turns immediately in front of an open street railway car that is going in the same direction and in attempting to cross the tracks is struck by the street railway car, this is evidence of negligence on the part of such driver toward a passenger on the front seat of the street railway car who is injured by reason of the collision.

If the driver of a motor truck coming from an alleyway crosses a city street in front of an open street railway car in motion without giving any signal after leaving the alleyway and continues at the same rate of speed, making no attempt to avoid the street railway car, which thereupon runs into the motor truck injuring a passenger on the front seat of the street railway car, this is evidence of negligence on the part of the driver of the motor truck toward such passenger.

The driver of a motor truck belonging to a contracting company, who, after dumping his last load for the day of broken stone in a vacant lot where he has been ordered to dump it, is returning from that place and is on his way to the garage where he is to put up the truck, is acting within the scope of his employment and, if he drives carelessly in front of a street railway car, his employer is liable for injuries caused by his negligence.

TORT, against a corporation owning and maintaining a motor truck, for personal injuries sustained by the plaintiff on June 12 1913, when she was travelling on the front seat of an open street railway car on Washington Street near Union Park Street in Boston, by reason of a collision of the street railway car and the truck alleged to have been caused by the negligence of the defendant's servant in operating the truck. Writ dated October 11, 1915.

In the Superior Court the case was tried before Sanderson, J., together with an action by the same plaintiff against the Boston Elevated Railway Company for the same injuries. At the close of the evidence the defendant John L. Kelly Contracting Company asked the judge to order a verdict in its favor. This the judge refused to do, and submitted the cases to the jury.

The jury returned a verdict for the defendant Boston Elevated Railway Company and returned a verdict for the plaintiff against the John L Kelly Contracting Company in the sum of $3,600. The defendant John L....