Maloy v. Rosenbaum Co.

Citations

• 260 Pa. 466
• 103 A. 882
• 1918 Pa. LEXIS 550

Syllabus

<p>Negligence — Automobiles—Master and servant — Injuries caused by chauffeur — Course of employment — Liability of master.</p> <p>1. In actions for injuries caused by the drivers of vehicles in the employ of the owner thereof, where defendant denies that the driver was acting within the scope of his employment at the time of the accident, the issue as to the capacity in which the driver was acting at the time of the injury, whether for himself or his employer, must generally be decided upon presumptions and inferences from ascertained facts.</p> <p>2. In an action against the owner of a motor truck for injuries occasioned by the driver thereof, when returning the vehicle to the garage after making delivery of parcels, where it appeared that the chauffeur deviated from the most direct route and invited friends to ride with him in the automobile, in disobedience of his orders; but where it further appeared that after making the last delivery, chauffeurs were permitted to use their own judgment as to the best route and the best way of coming in, and where it further appeared that the accident happened on Saturday evening when the most direct route was congested by traffic, the fact that the chauffeur deviated from the most direct route, and that he disobeyed his orders as to carrying guests was not conclusive against the plaintiff; and the trial judge properly submitted the case to the jury, and a verdict and judgment for plaintiff were sustained.</p> <p>Practice, Supreme Court and Common Pleas — New trial — Trial —Harmless error — Witnesses—Examination—Cross-examination— Charge — Correction—Failure to request further instructions — Exceptions.</p> <p>8. In every instance where the ascertainment of facts and the drawing of inferences and final conclusion are for the jury a grave responsibility rests upon the trial judge to see to it that no verdict contrary to the weight of the evidence or shocking to judicial conscience is allowed to stand, no matter how many new tri