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Florence E. Wolcott, By Her Next Friend v. William E. Fellows Et Al.; Eleanor C. Wolcott, By Her Next Friend, v. William E. Fellows Et Al.
December 3, 1925 - Opinion
Case records
Open case page| Date | Record Text | Type | Party | |
|---|---|---|---|---|
| December 3, 1925 | Florence E. Wolcott, By Her Next Friend, v. William E. Fellows et al.; Eleanor C. Wolcott, By Her Next Friend, v. William E. Fellows et al. Current page | Opinion | Supreme Court | Reporter |
Strafford,
Dec. 3, 1925.
Florence E. Wolcott, by her next friend, v. William E. Fellows & a. Eleanor C. Wolcott, by her next friend, v. William E. Fellows & a.
Case, for negligence, the plaintiffs sustaining injuries in a collision with an automobile owned by the defendant Fellows and driven by the defendant Stroth. Trial by jury. The plaintiffs excepted to a nonsuit in favor of Fellows. Transferred by Sawyer, J.
Snow & Cooper, for the plaintiffs.
Felker & Gunnison, for Fellows.
George T. Hughes, for Stroth.
Per Curiam.
Upon the evidence it was for the jury to say whether Stroth wás driving the car at the time of the collision as Fellows’ agent or as a bailee. The arrangement between them was one of agency if it was for Stroth to endeavor to sell a car for Fellows, and one of bailment if Stroth’s undertaking to sell was only his own, and not Fellows’, affair. There being evidence of Stroth’s negligence, the order is
Exception sustained.
Snow, J., did not sit.