WOLCOTT v. FELLOWS, 82 N.H. 556 (1925)

131 A. 353

FLORENCE E. WOLCOTT, by her next friend, v. WILLIAM E. FELLOWS a. ELEANOR C. WOLCOTT, by her next friend, v. WILLIAM E. FELLOWS a.

Supreme Court of New Hampshire Strafford.
Decided December 3, 1925.

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 was driving the car at the time of the collision as Fellows’

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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.