Wollaston v. Park

Citations

• 47 Pa. Super. 90
• 1911 Pa. Super. LEXIS 117

Syllabus

<p>Negligence — Automobiles—Negligence of guest — Bailment.</p> <p>1. Where a person hires an automobile and is furnished by the owner thereof with a competent chauffeur who was only to take instructions from the hirer as to destination, and after the destination is named and the journey started, the hirer requests the chauffeur' to permit a guest in the machine to take the wheel, and the guest after taking the wheel negligently drives the machine so as to injure a person on the road, the hirer of the machine will be liable in damages for the injuries sustained.</p> <p>2. The mere fact that the driver of a horse and buggy fails to get out of the way of an automobile approaching from behind at the rate of eighteen or twenty miles an hour, is not of itself sufficient to warrant a finding that he was guilty of negligence which contributed to his own injury.</p> <p>Practice, C. P. — Pleading—Parties—Husband and wife — Tort of wife — Plea in abatement.</p> <p>3. Where a married woman who is sued in tort enters a plea of not guilty and proceeds to trial with a resulting verdict and judgment against her, she cannot complain that her husband was not joined with her as a codefendant in the suit. If she desired to raise the question, she should have done so by a plea in' abatement, or by a formal plea of coverture.</p>