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BUHL v. VIERA

328 Mass. 201 (1952)

102 N.E.2d 774

ALFRED C. BUHL vs. GEORGE E. VIERA, executor.

Supreme Judicial Court of Massachusetts, Bristol.

January 2, 1952.

Attorney(s) appearing for the Case

F.D. Mone, for the plaintiff.

E.A. Hathaway, for the defendant.

Present: QUA, C.J., LUMMUS, WILKINS, WILLIAMS, & COUNIHAN, JJ.

LUMMUS, J.

This is an action of tort, brought against John G. Cayton, and after his death prosecuted against Cayton's executor. Cayton was employed by the plaintiff, who was a druggist in Taunton. While Cayton was removing rubbish from the plaintiff's store, and acting within the scope of his employment, his negligence caused injury to one Powers. Powers brought an action against the plaintiff, another against Cayton, and...

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