Treon v. Shipman

Citations

• 275 Pa. 246
• 119 A. 74
• 1922 Pa. LEXIS 486

Syllabus

<p>Negligence — Automobiles—Partners as defendants — Use of car in partnership business — Declarations—Evidence—O ase in chief— Rebuttal.</p> <p>1. In order to fix liability for an accident resulting from an automobile collision, it is necessary for plaintiff to show, not only that tbe car belonged to defendant, but that it was engaged in and about Ms business at the time the injury occurred.</p> <p>2. A partnership is liable for an injury caused by negligence of a partner in operating an automobile owned by the firm, where it appears that he was acting in the ordinary course of the firm’s business.</p> <p>3. That he was so acting, may be shown by his declarations made shortly after the accident.</p> <p>4. The fact that the car was used in plaintiff’s business may be shown either in plaintiff’s case in chief, or in rebuttal after defendant produced proof that the car was used individually by one of the partners on his own affairs. In either way the case is for the jury.</p>