Massachusetts Appeals Court, 1977

Therrien v. William H. Bassett Co.

Therrien v. William H. Bassett Co.
Massachusetts Appeals Court · Decided May 19, 1977
5 Mass. App. Ct. 826; 362 N.E.2d 1202; 1977 Mass. App. LEXIS 802

Therrien v. William H. Bassett Co.

Opinion of the Court

Nothing in the record indicates that it was within the scope of employment of one Pike, a night watchman-custodian, to furnish transportation to a customer who should leave his car for servicing at the garage operated by the defendant, the watchman’s employer, about two hours before the garage should open for the day’s business. The defendant’s motions for directed verdicts were properly allowed. See Stewart v. Worcester Gas Light Co. 341 Mass. 425, 436437 (1960). Nothing in Konick v. Berke, Moore Co. Inc. 355 Mass. 463, 468 (1969), or in Pridgen v. Boston Housing Authy. 364 Mass. 696, 714-715, n.10 (1974), leads to a different result.

Judgment affirmed.

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