Byrne v. Pittsburgh Brewing Co.

Citations

• 259 Pa. 357
• 103 A. 53
• 1918 Pa. LEXIS 417

Syllabus

<p>Negligence — Master and servant — Calling another to assist servant — Injuries to the person called — Judgment for defendant n. o. v. 1. While the relation of master and servant cannot he imposed upon a person without his consent, express or implied, a servant may engage an assistant, in ease of an emergency, when he is unable to perform the work alone, and such assistant becomes, for the time being a servant of the master whose employee engaged him.</p> <p>2. Where in such an emergency such temporary employee is injured in consequence of defects in the premises upon which he is requested to work he may hold the master of the servant who called him to assist liable for such injury but in such ease he must establish that an emergency existed sufficiently great to warrant the calling upon him for aid.</p> <p>3. Where the driver of a motor truck, owned and operated by a brewing company, lost his way and requested a friend to ride with him to point out the direction in which he should go, and the friend of such driver complied with such request and rode for a distance in the motor truck and was injured in consequence of defects therein, he could not hold the owner of the motor truck liable for such injuries in the absence of anything to show that his presence on the truck was necessary to guide, the driver to the proper road, particularly where it further appeared that the way was easy to find and that a description thereof would have been sufficient.</p>