Jordan v. Vare

Citations

• 67 Pa. Super. 202
• 1917 Pa. Super. LEXIS 372

Syllabus

<p>Negligence — Injuries from runaway horse — Ownership of horse.</p> <p>Where a man loans or hires a horse to another to be used for the purposes of the latter, the owner of the horse is in no wise responsible for the negligent manner in which the horse may be used.</p> <p>The loan of a horse by its owner to a faithful former employee, does not, in the absence of something more, warrant a jury in finding that such generosity was prompted by a fraudulent motive, or to conceal a real fraudulent design.</p> <p>Where a contractor for cleaning the streets of one district in a city loans a horse to a former faithful employee to be used in the latter’s work in cleaning the streets of another district for which he had the contract, the owner of the horse, in an action against himself for personal injuries suffered from the negligent handling of the horse by the second contractor’s servant, cannot be shown to have had an interest in the contract of the person to whom the horse was loaned, by mere proof that indemnity insurance had been taken out in the joint names of both contractors “as their interests may appear,”- where there is no evidence to show that the policy was taken out by the direction or with the consent of the first contractor, and it also appears that the policy covered horses stabled or used in both districts.</p>