Durham v. Strauss

Citations

• 38 Pa. Super. 620
• 1909 Pa. Super. LEXIS 197

Syllabus

<p>Negligence — Automobiles—Master and servant.</p> <p>In an action to recover damages for injuries to an automobile sustained in a collision with defendant’s automobile, a nonsuit is properly entered where the evidence shows that the defendant’s chauffeur, and another person, a stranger to the master, were in the machine at the time of the accident, that the stranger was operating the machine, that the chauffeur had taken the machine out contrary to the defendant’s general order not to take it out without defendant’s consent, and that the chauffeur’s excuse for taking out the machine to adjust the carburetor, is met by proof that it was not his duty to fix the carburetor, and that it was not necessary to take the machine out of the garage for that purpose.</p>