Caplan v. Ebel

Citations

• 73 Pa. Super. 601
• 1920 Pa. Super. LEXIS 76

Syllabus

<p>Principal and agent — Delivery to agent — Authority.</p> <p>In an action to recover damages for loss of an express package, delivered to tbe defendant, a verdict and judgment for the plaintiff will be sustained, where it appeared that the defendant was the authorized agent to receive from a railway company packages consigned to the plaintiff, and that, in the course of such business, one of his drivers receipted for the package in question, and after-wards appropriated it to his own use.</p> <p>Under such circumstances, the agent’s employee, in receiving the package, was acting .within the apparent scope of authority which the defendant had delegated to the drivers of his trucks, and the delivery of the package by the railroad company was good as against both the defendant and the plaintiff.</p>