Crouse v. Lubin

Citations

• 260 Pa. 329
• 103 A. 725
• 1918 Pa. LEXIS 515

Syllabus

<p>Negligence — Automobiles—Use by family — Master and servant —Establishment of relationship — Evidence — Respondeat superior —Bailee—Case for jury.</p> <p>1. One who keeps an automobile for the pleasure and convenience of himself and family will be liable for injuries caused by the negligent operation of the machine while it is being used for the pleasure or convenience of a member of his family, and it is immaterial that the chaufEeur was furnished and paid for by another.</p> <p>2. Where the owner of an automobile kept it at the garage of a manufacturing company, of which her husband was president, and arranged that such company should furnish a chaufEeur for the car for the use of her mother, and, at the request of the mother, the foreman of the garage sent her the car, in charge of a chauffeur, who negligently collided with another automobile while returning the car to the garage, the chauffeur was for the time being not the servant of the manufacturing company but of the owner of the car and for his torts, committed while engaged in her business, the owner was liable.</p> <p>3. Defendant’s mother was not a bailee, but was acting as the representative of her daughter.</p> <p>Practice, G. P. — Husband and wife — Married women — Suits against married women — Joinder of husband.</p> <p>4. Under modern legislation, a married woman is liable for her torts and may sue and be sued as a feme sole, and the joinder of her husband is not necessary or even proper.</p>