298 Mass. 457 | Mass. | 1937
The plaintiff, a passenger in a truck operated by one Rosenblatt, was hurt in a collision with a truck owned by the defendant and operated by its servant named Needel. Both Rosenblatt and Needel were expressly found by the jury to be negligent. The negligence of Rosenblatt was not, however, imputable to the plaintiff. The plaintiff was found by an auditor to have been in the exercise of due care, and there was no evidence to control that finding.
The judge directed a verdict for the defendant on the ground that the auditor had found that Needel was not within the scope of his employment by the defendant at the time of the collision, and there was no evidence before the jury that warranted a finding to the contrary. But the plaintiff introduced before the jury the answers of the defendant’s president and treasurer to interrogatories pro
Exceptions sustained.