Graham v. Henderson

Citations

• 254 Pa. 137
• 98 A. 870
• 1916 Pa. LEXIS 695

Syllabus

<p>Negligence — Master and servant — Automobiles—Extent of servant's authority — Conflicting evidence — Case for jury.</p> <p>1. Where the owner of an automobile after being driven to a hotel by his chauffeur lends his ear to the chauffeur for the purpose of making a visit, and directs him to return to the hotel for the purpose of taking the owner home later in the evening, the chauffeur ceases to he a licensee and the relation of master and servant is resumed when the visit is accomplished and the chauffeur starts on the return drive to the hotel.</p> <p>2. Where in an action to recover damages for personal injuries sustained by plaintiff in consequence of being struck by defendant’s automobile, there was evidence, though contradicted, that defendant after being driven to a hotel for the evening, gave his chauffeur permission to take the car for an errand of his own, and that the chauffeur while returning in the car to the hotel for the purpose of taking defendant to his house ran into plaintiff and occasioned the injuries complained of, it was for the jury to determine whether or not the chauffeur was engaged in the business of his master at the time of the injury and a verdict for the plaintiff was sustained.</p>