254 Pa. 137 | Pa. | 1916
Opinion by
The facts found by the jury with respect to the occurrence which is the subject of this action are as follows: the plaintiff received his injuries through the negligent act of the driver of the automobile which ran him down; the automobile which was being driven at the time was the property of the defendant, and the person driving it was the defendant’s regularly employed chauffeur; the accident occurred while the driver ivas acting within the scope of his employment. No complaint is made as to the manner of the submission of the case to the jury, the single assignment being the refusal of the motion for judgment non obstante. The general facts surrounding the case, admitted or at least not controverted, are these: on the night of the occurrence the defendant and his family had been driven by the chauffeur from their home in Germantown to the Bellevue hotel in Philadelphia where they expected to spend the evening; the time appointed for their return home was about 12 o’clock; after the arrival at the hotel the chauffeur drove the car to the neighborhood of Twelfth street and Columbia avenue with a view to see his brother who resided in that section of the city; failing to meet his brother he started on his return, and it was when he was approaching Spring Garden street from 17th street that the accident occurred. The one controverted question in the case was whether in driving the car to make a call on his brother the chauffeur was acting under permission given by the
The judgment is affirmed.