Wind v. Steiert & Son

Citations

• 71 Pa. Super. 194
• 1919 Pa. Super. LEXIS 60

Syllabus

<p>Negligence — Master and servant — Act of servant not within scope of employment.</p> <p>Where the driver of a truck received positive instructions not to permit children to ride on the truck at any time and when, in spite of these instructions, he permitted the nine-year-old son of the plaintiff to get on the truck and, in jumping from the truck, the boy was killed, the employer of the driver is not liable for the accident.</p> <p>Where, under the undisputed testimony, the boy had no right to be on the property of the defendant, which was being used in a lawful manner for lawful purposes, there was no negligence unless there was a breach of duty, and the court should have instructed the jury that the defendant was not liable.</p>