Commonwealth ex rel. Orris v. Roberts

Opinion by

Mr. Chief Justice Jones,

This action in assumpsit was instituted in the name of the Commonwealth to the use of Pete Orris against David B. Roberts and the Continental Casualty Company, as surety on Roberts’ fidelity bond as prothono-tary of Allegheny County, to recover damages suffered by the use-plaintiff through the negligence of a clerk in the prothonotary’s office.

The defendants filed preliminary objections to the complaint setting forth, in effect, that the doctrine of respondeat superior is not applicable to Roberts in his capacity as prothonotary and that, under the facts of…