277 Mass. 243 | Mass. | 1931
There was evidence from which, in its aspect most favorable to the claimant, these facts might have been found: The claimant owned and drove a truck. He transported sand and gravel from land of the city of Holyoke, where a power shovel was in operation to load his and other trucks, over a considerable distance of highway to the Springdale Dyke where the material was automatically unloaded. He was paid by the city $.35 a cubic yard for the transportation of the material. That sum included the use of the truck and his services as driver. There was a boss of the city at the loading place who gave directions where to put the truck for loading. At the Dyke was another boss in the employ of the city who directed where the truck was to be driven for unloading and also gave directions in backing the truck. On the day of the injury in following such directions the claimant backed his truck to a place where there had been a cave-in, the truck went down an embankment and he was injured. In addition to directions as to the precise places to go for loading and for unloading his trupk, the claimant frequently was told which road or street to take in going between the places for loading and unloading. If a driver came with a light load, the boss at the dumping place would tell him to get a bigger load thereafter. The claimant
It is manifest from these facts that the expenses incident to the care, repair and operation of the truck rested on the claimant as owner and manager of the truck. Responsibility for negligence in driving the truck also rested upon him. The representatives of the city of Holyoke had no right to direct him as to the method of driving his truck or to discharge him from the work of driving the truck. All they could do was to end the contract for transportation of material and require him to leave with his truck.
Relative rights and liabilities of the owner and hirer of teams and trucks in similar circumstances have been fully discussed. The principles of law need no further elaboration at this time. Shepard v. Jacobs, 204 Mass. 110, and cases there collected and reviewed. Standard Oil Co. v. Anderson, 212 U. S. 215. Performing Right Society, Ltd. v. Mitchell & Booker (Palais de Danse), Ltd. [1924] 1 K. B. 762, where the English cases are reviewed at length. It only need be said
Decree reversed.
Decree to he entered in favor of the city of Holyoke.