Connor v. Pennsylvania Railroad

Citations

• 24 Pa. Super. 241
• 1904 Pa. Super. LEXIS 162

Syllabus

<p>Negligence — Master and servant — Relation of master and servant — Evidence —Public cabs.</p> <p>In an action to recover damages from one person for the negligence of another, upon the principle of respondeat superior, the plaintiff cannot recover unless it is made to appear that the relation of master and servant in fact existed, whereby the negligent act of the servant was legally imputable to the master.</p> <p>Even where the relation of the master and servant exists, the former is only liable for the acts of the latter done in the course of his employment, and while the question of what is within the course of such employment is usually one for the jury, when the facts are undisputed and it clearly appears that the act of the servant was outside the line of his employment, it is the duty of the court to so declare.</p> <p>The owner of property is not responsible for the negligence of a person acting independently, in the execution of some undertaking therewith or in connection therewith, when the owner does not have the right to control and does not control the method of execution.</p> <p>Where a railroad company, the owner of hansom cabs and horses, leases the same to drivers by a written agreement, by which the drivers are to pay a certain rental per day, not to use the horses for more than a number of hours prescribed, wear a particular uniform and abstain from liquor during the time of the contract, but otherwise the drivers are permitted to use the property at their discretion, without any regulation as to the manner of driving, or the place of driving, the contract between the railroad company and the drivers creates the relation of bailor and bailee, and not that of master and servant, so as to make the company liable for the negligence of the drivers. In such a case where there is no evidence whatever of any fact which tended to show that the agreement was a mere cover to conceal a contract constituting the parties master and servant, it is error for