Hennessey v. Baugh & Sons Co.

Citations

• 29 Pa. Super. 310
• 1905 Pa. Super. LEXIS 323

Syllabus

<p>Negligence — Wagons—Evidence of ownership — Principal and agent — Question for jury.</p> <p>In a negligence case where the plaintiff has proved that the defendant operated upon the streets of a city, wagons of a particular kind, marked in a peculiar manner, and that such a wagon so marked was responsible for the accident, such proof is sufficient to sustain a finding by the jury, under proper instructions, that the wagon was the property of the defendant company.</p> <p>Proof of ownership, under such circumstances, is sufficient to sustain an inference in favor of a third party that a person in charge of the property was the agent or servant of the owner.</p> <p>Negligence — Excessive verdict — Damages.</p> <p>A verdict in an accident case will not be set aside as excessive where it appears that the plaintiff presented testimony as to specific items of loss and expense which aggregated within $5.00 of the amount of the verdict; that plaintiff lost the use of the wagon injured while it was being repaired, and that there was a delay of a year between the accident and the trial.</p>