(DOWNLOAD) "Novo v. Employers' Liability Assur." by Supreme Judicial Court of Massachusetts " eBook PDF Kindle ePub Free
eBook details
- Title: Novo v. Employers' Liability Assur.
- Author : Supreme Judicial Court of Massachusetts
- Release Date : January 08, 1936
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 65 KB
Description
QUA, Justice. The plaintiff has recovered judgment against one White for personal injuries caused by White's operation of an automobile owned by a Mrs. Powell. He now seeks by this bill brought under G.L.(Ter.Ed.) c. 214, § 3, cl. 10, to reach and apply in payment of his judgment the obligation of the defendant under a motor vehicle liability policy covering the automobile in question. G.L.(Ter.Ed.) c. 90, § 34A. The only issue litigated is whether at the time of the accident White was responsible for the operation of the automobile with the express or implied consent of Mrs. Powell. It is agreed that upon leaving this Commonwealth for California shortly before the accident, Mrs. Powell had given full and complete control of the automobile to her brother, one Brown, so that the issue reduces itself to the question whether White was responsible for the operation of the automobile with the express or implied consent of Brown. The Judge found in substance that Brown had given possession of the automobile and permission to use it to one Conlon, but had given him no authority to entrust it to another, and that Conlon without Brown's authority or consent had allowed White to use it. The Judge ruled that the plaintiff could not prevail and dismissed the bill.