MASSACHUSETTS BONDING &c. CO. v. BURROWS MOTOR CO.

No. 5085.

104 N.H. 417 (1963)

MASSACHUSETTS BONDING & INSURANCE COMPANY & a. v. BURROWS MOTOR CO., INC. & a.

Supreme Court of New Hampshire.

Decided February 21, 1963.


Attorney(s) appearing for the Case

Burns, Bryant & Hinchey (Mr. Donald R. Bryant orally), for the plaintiffs.

Fuller & Flynn and Thomas M. Dudley, Jr. (Mr. Dudley orally), for the defendant Maloney.

Boynton, Waldron & Dill (Mr. Wyman P. Boynton orally), for the defendant Parks.

Sheehan, Phinney, Bass, Green & Bergevin and Richard A. Morse (Mr. Morse orally), for the defendant Employers Liability Assurance Corporation.


DUNCAN, J.

The primary contentions of the plaintiffs are that the master erred in finding and ruling that title to the automobile involved in the collision had been transferred by Crisp to Burrows Motor Co., Inc., and that "actual use" of the automobile by the operator Goodwin at the time of the collision was with the permission of Burrows Motor Co., Inc. as owner.

The evidence was that Goodwin was a young man, unmarried, who was hired by Burrows Motor Co...

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