214 Mass. 435 | Mass. | 1913
These three cases, brought to recover damages caused by one and the same collision between an automobile owned by the city of Haverhill and a street car owned by the defendant, were tried together.
The machine had been purchased by the city for use in its street department under the direction and control of the superintendent of streets. One of the grounds set up in defense was that at the time of the accident the machine was not being used for the purpose for which it was bought, but in violation of St. 1909, c. 534, § 22, forbidding the use of an automobile without authority.
There was evidence that in obedience to orders given by John Cashman, the superintendent of streets, through his son Daniel, the plaintiff Regan, the regular chauffeur employed by the city in its street department to operate the automobile under the control and direction of the superintendent of streets, drove it, with Daniel, the plaintiff Fitzgerald and one Bryant as passengers, from the office of an express company situated on Washington
There was evidence also that the superintendent’s house was situated about.three hundred and fifty feet westerly of Hilldale Avenue, and was connected therewith by a driveway; that Bryant and Daniel Cashman were left at the house shortly after six o’clock, p. m. ; that the chauffeur then started for the garage in which the automobile was kept by the city when not in use, as it was his duty to do, taking with him Miss Fitzgerald, who had no relation to the street department but was a clerk in the express company’s office, with the intention of leaving her at her house on his way to the garage; that the accident occurred just outside the driveway as the automobile turned into Hilldale Avenue; that the way from the superintendent’s house to the garage and the way from the house to the home of Miss Fitzgerald were identical to a point more than half a mile beyond the place of the accident. Certainly on this evidence the jury properly could find that at the time of the accident the automobile was still being used in the street department and under the direction of the superintendent. It was the duty of the chauffeur at the close of the day to take the automobile to the garage. That duty he was
The only additional ground of defense set out in the Fitzgerald case is that she was not invited to ride by any one having authority. But that is untenable. The evidence is ample to show that she was invited by the authority of the superintendent.
It was within the discretion of the presiding judge whether or not he would wait to procure the minutes of the absent stenographer and have them read to the jury.
In each case the order is
Exceptions overruled.