Lafferty v. Armour & Co.

Citations

• 272 Pa. 588
• 116 A. 515
• 1922 Pa. LEXIS 875

Syllabus

<p>Negligence — Infants—Driving hoy from wagon — Wanton act of driver — Case for jury — Nonsuit.</p> <p>1. Where a hoy, six and one-half years old, climbs upon a wagon by permission of the driver, and, while riding thereon, the driver, without stopping and putting the child off, strikes at him with a whip, and the boy in his fright and haste jumps off the wagón and is injured, the owner of ]the wagon and employer of the driver is liable in damages for the injuries sustained.</p> <p>2. In such case it is the driver’s wanton act, and not the fact that the hoy got on the wagon with the driver’s permission, that is the determining factor as to the owner’s liability.</p> <p>3. Hughes v. Murdock Storage & Transfer Co., 269 Pa. 222, distinguished.</p>