415 Pa. 95 | Pa. | 1964
Opinion by
Plaintiff-appellant appealed from the Judgment of nonsuit. Plaintiff, Louis Klovacs, a police officer of the City of Bethlehem, instituted an action in trespass against defendants, The Bethlehem’s Globe Publishing Company,
In Markle v. Robert Hall Clothes, 411 Pa. 282, 191 A. 2d 374, the Court said (page 284) : “In Flagiello v. Crilly, 409 Pa. 389, 187 A. 2d 289, the Court said (page 390) : ‘It is hornbook law that a judgment of nonsuit can be entered only in clear cases and plaintiff must be given the benefit of all evidence favorable to him, together with all reasonable inferences of fact arising therefrom, and any conflict in the evidence must be resolved in his favor: Castelli v. Pittsburgh Railways Company, 402 Pa. 135, 165 A. 2d 632; Stimac v. Barkey,
McLaughlin is a reporter who was employed by defendant company. Plaintiff contends that McLaughlin was the servant or agent of the Publishing Co., but he failed to further prove, as the law requires, “that the driver . . . was engaged in the business of his employer .. . at the time of the accident and that he was acting within the scope of his authority: Warman v. Craig, 321 Pa. 481, 184 A. 757; Orluske v. Nash Pbg. Motors Co., 286 Pa. 170, 133 A. 148; Reed v. Bennett, 276 Pa. 107, 119 A. 827.” Lanteigne v. Smith, 365 Pa. 132, 136, 74 A. 2d 116. Indeed, plaintiff’s evidence proved the exact opposite.
Judgment of nonsuit affirmed.
Hereinafter referred to as Publishing Co.