HOBART v. CAVANAUGH


353 Mass. 51 (1967)

228 N.E.2d 439

EARL W. HOBART vs. PAUL FREDERICK CAVANAUGH.

Supreme Judicial Court of Massachusetts, Middlesex.

June 29, 1967.


Attorney(s) appearing for the Case

Daniel J. Johnedis for the plaintiff.

Michael T. Prendergast for the defendant.

Present: WILKINS, C.J., SPALDING, KIRK, SPIEGEL, & REARDON, JJ.


KIRK, J.

This action of tort for assault and battery is before us on the plaintiff's exception to the allowance of the defendant's motion that a verdict be entered for him under leave reserved. G.L.c. 231, § 120.

The defendant (Cavanaugh) conducted a trucking business. For several years he kept his trucks at a garage operated by the plaintiff (Hobart) in Reading. Cavanaugh employed one Blickenstaff as a truck driver. Blickenstaff's normal duties required...

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