262 Pa. 436 | Pa. | 1918
Opinion by
Mrs. Dunmore, the appellant, on the 2d of November, 1911, was riding in her own buggy wagon on a steep hill' near East Lemon in the County of Wyoming, the horse being driven by her own hired man. As they turned a sharp curve they met an automobile driving in the opposite direction. The horse took fright, became uncontrollable and overturned the buggy. Mrs. Dunmore was thrown out and sustained'injuries for which she brings this suit.
In the case of Scheel v. Shaw, 252 Pa. 451, we held that it was only not necessary for the plaintiff to prove the defendant was the owner of the car and the driver was his servant but also that such servánt was at the time engaged in the master’s business. There can be no question that at the time the automobile was being operated along this highway it was, temporarily at least, a car under the control and dominion of Horan and not o'f the owner. It was being used for the purpose of EÍoran and under the testimony he was in full charge not only of the car but of the chauffeur. Our other cases are all in accord with this ruling.
One other question requires some discussion. The defendant was called by the plaintiff on cross-examination under the provisions of the Act of May 23, 1887, P. L.
The other assignments do not require discussion and the judgment is, therefore, affirmed.