Blaker v. Philadelphia Electric Co.

Citations

• 60 Pa. Super. 56
• 1915 Pa. Super. LEXIS 147

Syllabus

<p>“ Négligence — Master: and servant — Scope of employment — Automobile.</p> <p>: Ip an action .by a-father against a corporation owning an automobile to recover damages for the death of a child and injuries to two others caused by the negligent act of the defendant’s chauffeur, the question as to whether.the accident happened while the chauffeur is acting within the scope of his employment is for the jury, and a verdict and judgment for plaintiff will be sustained where it appears from the un.eontradicted testimony that the chauffeur was ip the continuous employment of defeildant, that prior to the accident he had started to return to the defendant’s garage, .that on his way he was compelled to stop to change his.’ tire in the rain,' that his clothes became wet, that instead of'returning'to the garage immediately,-'he drove- the machine to his home in another part of the city/ had.his süpperj.nhángéd his clothes, and started to return to the garage where he had work to do preparatory to his employment in the morning, that on returning to the garage he' went out of his way several blocks to get some cigars, and while on this mission struck the children.</p>