Massachusetts Supreme Judicial Court, 1916

Peach v. Bruno

Massachusetts Supreme Judicial Court · Decided June 21, 1916 · Loring

224 Mass. 447; 113 N.E. 279; 1916 Mass. LEXIS 1146

Cases that cite this one

14 later published cases cite this decision.

Heisson v. Dickinson (1st Cir. 1929)
Thayer v. Kirchhof (Colo. 1928)
Bosco v. Boston Store (Ill. App. Ct. 1923)
Knudson v. Jackson (Iowa 1921)
Georgopoulos v. Clarendon Construction & Trucking Co. (Mass. 1971)
Patterson v. Barnes (Mass. 1945)
Saad v. Egleston Square Auto Livery, Inc. (Mass. Dist. Ct., App. Div. 1938)
Fox v. Pallotta (Mass. 1931)
Neelon v. Hirsh & Renner, Inc. (Mass. 1926)
Southern Construction Co. v. State Industrial Com. (Okla. 1925)
McNamara v. . Leipzig (N.Y. 1919)
Centrello's Case (Mass. 1919)
Emack's Case (Mass. 1919)
Clancy's Case (Mass. 1917)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Loring, J.

This appeal is wholly without merit. Where (as in the case at bar) the defendant hires from another person a horse, wagon and driver to carry merchandise from place to place as di*448rected by the defendant’s servant who accompanies the driver for that purpose alone, and nothing more appears, as matter of law the driver is the servant of the owner of the horse and wagon and not of the defendant. Nothing is better settled. The cases are collected in Shepard v. Jacobs, 204 Mass. 110.

The cases relied on by the plaintiff (Boomer v. Wilbur, 176 Mass. 482, Woodman v. Metropolitan Railroad, 149 Mass. 335, and Thompson v. Lowell, Lawrence & Haverhill Street Railway, 170 Mass. 577) have nothing to do with this case.

Order affirmed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.