Buck v. Quaker City Cab Co.

Citations

• 75 Pa. Super. 440
• 1921 Pa. Super. LEXIS 38

Syllabus

<p>Negligence — Automobiles—Gollisions—Proof of ownership and operation — Evidence—Sufficiency.</p> <p>To recover for injuries sustained in a collision between two automobiles, it is necessary for the plaintiff to prove not only that the defendant was the owner of the car, and that the driver was his servant, but that such servant was at the time of the accident engaged in his master’s business.</p> <p>When the only evidence to establish the agency of the driver and the fact that he was engaged in his master’s business was the proof that he wore a chauffeur’s uniform, the burden cast upon the plaintiff has not been met, and a verdict should be directed for the defendant.</p> <p>A presumption may not be founded on a presumption, it should always be based upon a fact, and should be a reasonable and natural deduction from that fact.</p>