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TIRONE v. TIRONE

32 Misc.2d 962 (1961)

Mary J. Tirone, Plaintiff, v. Roger Tirone, Defendant.

Supreme Court, Special Term, Monroe County.

July 5, 1961

Attorney(s) appearing for the Case

Brown, Zurett, Sullivan, Smith & Gough for plaintiff. Nixon, Hargrave, Devans & Dey for defendant.

DANIEL E. MACKEN, J.

By the decisional law of Massachusetts the owner of an automobile is not responsible for the negligence of its operator other than himself unless the operator is at the time acting as an agent of the owner. (Dennis v. Glynn, 262 Mass. 233; Marsal v. Hickey, 225 Mass. 170; Herlihy v. Smith, 116 Mass. 265.)

Section 85A (added to Gen. Laws of Mass. [Ter. ed.], ch...

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