Lowry v. Singer Sewing Machine Co.

Citations

• 62 Pa. Super. 364

Syllabus

<p>Trespass — Assault and battery — Bailment—Removal of leased sewing machine.</p> <p>In an action against a sewing machine company to recover damages for assault and battery committed on the plaintiff by an alleged agent of the defendant while removing a sewing machine leased under a contract of bailment, it is reversible error for the court to refuse to permit the defendant to show that the person who committed the assault was not employed to remove the sewing machine, that no one having authority requested him to so act, and that his presence and actions at the time and place were wholly without the limits of his employment.</p> <p>In such a case where the contract of bailment gave to the defendant the right to enter the plaintiff’s premises if there should be a default in the payment of rental, and to take away the machine without liability in an action for trespass or damages, the defendant has a right to show a default in the payment of rent, and the plaintiff cannot claim that trespass was committed hy a proper employee of the defendant entering the house in order to remove the machine.</p>