67 Pa. Super. 231 | Pa. Super. Ct. | 1917
Opinion by
The opinion filed by the learned judge of the court below, overruling the motion of defendant for judgment non obstante veredicto, will appear in the report of this case, and renders it unnecessary that we enter into any lengthy discussion of the facts or the questions of law arising out o'f them. The plaintiff was a passenger in an automobile, which was being operated as a jitney. The car was crowded and one of defendant’s legs was hanging over the rear door of the car, but inside the lines of the footboard. The appellant contends that because of this fact the court should have held the plaintiff guilty of contributory negligence, as matter of law. The court, below refused to SO1 hold and submitted the question of plaintiff’s contributory negligence to the jury. Upon the correctness of this ruling we deem it unnecessary to add more to what is said in the opinion of the court below than to cite the decision of the Supreme Court in McClung v. Pennsylvania Taximeter Cab Co., 252 Pa. 478.
The automobile of the defendant was being operated by his daughter, who was under sixteen years of age.' The second ground upon which the defendant appeals is that under the facts disclosed by the evidence the defendant was not liable for the negligence of his daughter in operating the automobile. The defendant maintained the automobile for the use of himself and his family. The daughter had frequently driven the car when accompanied by her father, the defendant, or her brother and at least on one occasion by her mother alone. The defendant was absent from home on a business trip at the time of the. accident Before leaving home he had ordered of a merchant in Chester a fixture for his residence. He testified that his wife had authority to send for this fixture and to employ his daughter upon that errand. His wife had authority to use the automobile during his
The third question which has been argued on behalf of appellant is that the evidence was insufficient to warrant a finding of negligence on the part of the daughter of the defendant in operating the car. This contention is entirely without merit. The evidence was certainly sufficient to warrant a finding that the car of the defendant approached the intersection of a busy street without giving warning, at a rate of speed which rendered it at least doubtful whether the operator could stop the car in case another vehicle entered upon the crossing, that the car of the defendant was turned into the busy cross street upon the left hand side thereof right in opposition
The judgment is affirmed.