[DOWNLOAD] "Wilbur W. Hutchins v. John Hancock Mutual" by Supreme Court of New Hampshire " eBook PDF Kindle ePub Free
eBook details
- Title: Wilbur W. Hutchins v. John Hancock Mutual
- Author : Supreme Court of New Hampshire
- Release Date : January 01, 1937
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 60 KB
Description
In several American jurisdictions liability is imposed upon a master for his employee's negligent operation of his own automobile when it appears that at the time of the negligent act the employee was using his car with the consent, express or implied, of the master and that he was then doing his master's business and acting within the scope of his employment. For a collection of authorities see 57 A. L. R. 739. This court, however, in the recent well considered opinion in the case of McCarthy v. Souther, 83 N.H. 29, declined to follow the above authorities. In that case we held that, in addition to the foregoing facts, it must appear that the master had control of his employee as to the management and operation of his car before liability may be imposed upon the master under the doctrine of respondeat superior. In the case at bar it is not disputed that at the time when the accident occurred Anderson was using his own car with his master's knowledge and acquiescence upon his master's business and that he was then acting within the scope of his employment. The sole and decisive inquiry is whether or not there is evidence in the record from which a jury could find that at the time of the accident Anderson was subject to the defendant's control as to the manner in which he should drive his car.