53 Pa. Super. 202 | Pa. Super. Ct. | 1913
Opinion by
The plaintiffs were partners engaged in the business of buying and selling automobiles and were riding in a car belonging to them at the time of the injury complained of. After a verdict for the plaintiffs the learned trial judge entered judgment for the defendant for the reason that Yeager, one of the plaintiffs, who was driving the car was not licensed so to do and that the plaintiffs were, therefore, trespassers on the highway and not entitled to damages for the loss occasioned by the defendant’s negligence. The plaintiffs had bought a new car in which they started from Philadelphia to Lewistown where they were engaged in business. Before they had gone out of the city a heavy rainstorm induced them to return to their starting point for shelter and it was while so doing that the collision occurred. The evidence on which the conclusion of the court below was based was that of Mr. Yeager brought out on cross-examination: “Q. What license were you driving on the day you took this car to go to Lewistown? A. I do not know, but I think it was Mr. Schock’s license. I do not remember exactly.” When this is read in connection with another part of the testimony of the same witness that he had been running a car for four years preceding the accident as an owner and had been dealing in automobiles for six months prior thereto the inference drawn as the justification for the judgment that the
The judgment is reversed and the record remitted to the court below with direction to enter judgment on the verdict unless other cause be shown to the contrary.