Wilkinson Ex Rel. Wilkenson v. Moore & Preston Coal Co.
Cases that cite this one
4 later published cases cite this decision.
- Stevens v. Frost (Me. 1943)
- Monnet v. Ullman (Or. 1929)
- Wing v. Martin (Vt. 1928)
- Roulias v. Crafts (N.H. 1923)
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
If the driver caused the plaintiff’s injury and at the time was not acting within the scope of his employment, the defendants are not liable. Danforth v. Fisher, 75 N. H. 111; Dearborn v. Fuller, ante, 217.
As there was no evidence of a custom of drivers of coal wagons to employ assistance in unloading, payable in rides, or that the assistance was reasonably necessary in this instance, there was no answer to the uncontradicted evidence that the defendants’ drivers were not authorized to employ assistants or furnish rides.
There was no error in the refusal to submit this question to the jury. Dearborn v. Fuller, supra; Davison v. Parks, ante, 262. As the driver had no authority in fact or in law to invite the plaintiff *336 to ride because doing so was not within the scope of his employment, his invitation, if given, was not the invitation of the defendants. The ruling that the plaintiff was not an invitee was correct.
As the jury haye found for the defendants, it is unnecessary to consider whether a verdict should have been directed for them.
Exceptions overruled.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.