Puhlman v. Excelsior Express & Standard Cab Co.

Citations

• 259 Pa. 393
• 103 A. 218
• 1918 Pa. LEXIS 423

Syllabus

<p>Negligence — Master and servant — Cab company — Hire of team and driver — Driver assisting in hirer’s work — Special and general employment — Negligence of driver — Injury to hirer’s employee— Action against cab company — Respondeat superior — “Carnage cases’’ distinguished.</p> <p>1. There can be no recovery against one charged with negligence upon the principle of respondeat superior unless it be made to appear that the relation of master and servant in fact existed, and that the servant was within the scope of his employment.</p> <p>2. Where one person lends his servant to another for a particular employment, the servant, for anything done in that particular employment, must be dealt with as a servant of the man to whom ho is lent, although he remains the general servant of the person who lent him. The test is whether, in the particular service which he is engaged to perform, he continues subject to the direction and control of his master, or becomes subject to that of the party to whom he is lent or hired.</p> <p>3. Ip an action against an express company brought by an employee of an electric company- to-recover for personal injuries, it appeared that the electric company had hired from the defendant the services of a horse, wagon and driver to assist in the erection of poles and wires; that the defendant sent each morning to the electric company a man and wagon to remain in their service during- the day; that the employees of the electric company rode in the wagon, and that the material to be used in putting up wires and poles was carried in it wherever occasion required; that the duties of the driver were to drive wherever he was directed by the electric company’s foreman, to assist with the team in pulling down and putting up poles pursuant to the direction of the foreman; that the driver, in response to plaintiff’s request to hand him a chisel, threw it to him in such a manner as to strike him on the knee, causing the injuries complained of. Reid, the dri