Ortlieb v. Poth

Citations

• 249 Pa. 270
• 95 A. 149
• 1915 Pa. LEXIS 717

Syllabus

<p>Negligence — Automobiles — Truck carrying employees — Employee of independent contractor—Trespasser—Judgment for defendant n. o. v.</p> <p>In an action against a brewing company to recover damages for personal injuries sustained by plaintiff, a machinist in the employ of an independent contractor engaged in making repairs at defendant’s brewery, the court properly entered judgment for defendant n. o. v. where it appeared that during a street car strike the employees of the defendant were given the use of defendant’s auto truck for the purpose of conveying them to and from their work; that plaintiff, according to his testimony, was given permission by the chief engineer of the plant to ride home on the truck with defendant’s employees; that the chief engineer had no authority over the automobiles or wagons used by the brewery; that plaintiff attempted to board the rear of the truck while two or three feet from the wall of the building and while attempting to do so was crushed by the truck suddenly backing against the wall, where there was no evidence that at the time the truck moved any person touched any of the levers or other apparatus for starting the truck, although after it stopped a person on the front seat was seen with his hand on the lever, but such person was not the employee appointed to operate the truck, and it further appeared that there was no defect in the truck or in the apparatus by which its movements were controlled.</p>