Griesmer v. Netter

Citations

• 273 Pa. 546
• 117 A. 205
• 1922 Pa. LEXIS 613

Syllabus

<p>Negligence — Automobiles—Master and servant — Infant.</p> <p>1. Where the owner of an automobile and an owner of a garage enter into an agreement by which the latter is to deliver the car at its owner’s residence, and return it to the garage whenever requested, the driver of the car at such times is not in the employ of the owner of the ear, but of the owner of the garage, and, while being driven back and forth, the car is entirely under the control of the garage owner and his employee.</p> <p>2. If in such case, it appears that the driver was a boy thirteen years old, and that the owner of the car knew this fact, the latter cannot be charged with negligence in permitting so young a boy to- drive his car, if it appears that the accident happened after the boy had returned to the garage, and then drove the ear out again for a purpose wholly in furtherance of the garage owner’s business.</p>