This is an action to recover for personal injuries received by the plaintiff by reason of a collision between an automobile, driven by him, and a Ford truck. There was evidence from which the jury could have found that at the time of the collision the plaintiff was in the exercise of due care, that the driver of the truck was negligent, and that his negligence caused the plaintiff’s injuries. At the conclusion of the evidence offered by the plaintiff, the defendant moved that a verdict be directed in its favor, on the ground that there was no evidence from which the jury could find that when the accident occurred the truck was driven by any one for whose negligence the defendant was responsible. The motion was denied subject- to the defendant’s exception. The jury returned a verdict for the plaintiff.
The only questions presented are whether the truck was owned by the defendant, and whether at the time of the accident it was driven by the defendant’s servant acting within the scope of his employment.
There was evidence that the name “Dedham Water Company” was on the truck, and that it was driven by one Dervan at the time of the accident, which was about eight o’clock in the morning. The plaintiff testified that he had seen the truck many times; that he knew the driver and knew his name, and had seen him driving it “probably a dozen times” before the accident; that on the day in question no other person was in it, and that picks and shovels were carried in it. On this evidence the jury were warranted in finding that the truck was owned or controlled by the defendant. Murphy v. Fred T. Ley & Co. Inc.
The cases of Trombley v. Stevens-Duryea Co.
In the opinion of a majority of the court a verdict properly could not have been directed for the defendant. The entry must be
Exceptions overruled.