192 A. 645 | Pa. | 1937
Argued May 18, 1937. Appellants were injured by the negligent operation of an automobile driven by appellee's crew manager, Kartman. The car was not his, but was used by him to transport his crew from place to place soliciting subscriptions for appellee. Appellee knew of, but had not authorized the use of the automobile, nor hired it. The agent's territory embraced Pennsylvania, southern New Jersey and Delaware. Kartman was paid a salary and commission with no allowance for the traveling expenses of himself and his crew. The details of his employment were left to him. He was not required to follow a definite route, and the place and time of his operations throughout his territory were of no concern to his principal. It is conceded that at the time of the injury to appellants, Kartman was an agent of appellee and was engaged in furthering appellee's business. From judgment n. o. v. for defendant, plaintiff appeals.
The facts in Wesolowski v. John Hancock Mutual LifeInsurance Co.,
Judgment affirmed.