[DOWNLOAD] "Donovan v. Johnson" by Supreme Judicial Court of Massachusetts " eBook PDF Kindle ePub Free

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eBook details

• Title: Donovan v. Johnson
• Author : Supreme Judicial Court of Massachusetts
• Release Date : January 29, 1938
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 58 KB

Description

LUMMUS, Justice. On February 18, 1935, the plaintiff and the defendant were in the employ of one Buckles, a milk dealer. Each drove a truck apparently owned by Buckles, delivering milk to customers. On that day, after delivering his load of milk, the plaintiff parked the truck which he operated in front of a restaurant, and went in to have dinner. The defendant came in, and asked the plaintiff to help on the defendant's route, because snow on the ground had delayed the defendant in his work. The plaintiff went with the defendant on the truck which the latter was operating, and helped deliver the load. On the return journey to the restaurant, where the plaintiff had left his truck, the plaintiff was hurt in a collision which could have been found to result from negligence of the defendant in the operation of the truck in which the plaintiff was riding. The plaintiff testified that his day's work was not completed until he had returned his truck to the garage of the common employer, Buckles. Buckles testified without contradiction that on the day in question he was insured under the workmen's compensation act, and that the plaintiff had given no notice under G.L.(Ter.Ed.) c. 152, § 24, preserving his common law rights. He testified in substance that the operator of one truck had authority to obtain assistance from the operator of another truck who had finished his route, and that the latter had authority to give such assistance. On cross-examination he testified exactly to the contrary; but he was not asked to make a definite choice between his contradictory statements. Sullivan v. Boston Elevated Railway Co., 224 Mass. 405, 112 N.E. 1025. Therefore the jury could accept either as the truth.

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