ALVES v. HAYES


381 Mass. 57 (1980)

406 N.E.2d 1028

MICHAEL J. ALVES vs. JOHN A. HAYES & others.

Supreme Judicial Court of Massachusetts, Worcester.

July 1, 1980.


Attorney(s) appearing for the Case

John P. Cosgriff for the plaintiff.

Robert S. Phillips, Town Counsel, for Richard T. Moore & another.

Present: HENNESSEY, C.J., BRAUCHER, KAPLAN, WILKINS, & ABRAMS, JJ.


BRAUCHER, J.

This is an action for damages for libel and slander against a town and present and former members of its board of selectmen. The action has been dismissed under Mass. R. Civ. P. 12 (b) (6), 365 Mass. 754 (1974), against all the defendants except Hayes, and the plaintiff's appeal presents the question whether selectmen are vicariously liable for the torts of "their agent, employee and designee." We hold that they are not, and affirm the judgment appealed...

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