Gresh v. Wanamaker

Citations

• 237 Pa. 13
• 84 A. 1108
• 1912 Pa. LEXIS 883

Syllabus

<p>Negligence — Principal and agent — Authority of agent — Contractual duty — Burden of proof — Automobiles.</p> <p>In an action against tbe proprietors of a general store to recover for personal injuries caused by the upsetting of - an automobile which was driven by an employee of the defendants, binding instructions for the defendant are proper, where it appears that the defendants maintained in connection with their general retail business a department for selling and repairing automobiles and sent men out to bring in automobiles to be repaired and to deliver them when repaired, but did not undertake to carry persons as passengers; and that in response to a request of the plaintiff made to a personal friend employed in another department of the defendant’s store that he send her a competent man to repair her automobile, which was broken down, and to run it back to the city with her as passenger, the defendant’s automobile department sent a man who made the repairs and was running the car back when the accident occurred; but there is no testimony that the person with whom plaintiff dealt directly had any authority, in connection with the automobile department, or that the manager of that department had authority, real or apparent, to contract to bring her back, or that the latter made or was requested to make any such contract.</p>