Murphey v. Philadelphia Rapid Transit Co.

Citations

• 30 Pa. Super. 87
• 1906 Pa. Super. LEXIS 22

Syllabus

<p>Practice, C. P. — Trial—Reservation of question of law-</p> <p>A reservation of a question of law is properly made by the following instruction: “This verdict will be taken subject to the point of law reserved, whether there is any evidence in the case to be submitted to the jury.”</p> <p>Negligence — Street railways — Motorman—Scope of employment.</p> <p>Where a street car is obstructed by a coal wagon, and the motorman leaves his car, and in attempting to start the horses of the wagon negligently injures the driver, the street railway company is not liable to the driver, inasmuch as the motorman was acting without the scope of his employment.</p>