Bard v. Yohn
Supreme Court of Pennsylvania
Error to the Common Pleas of Berks county. This was an action on the case by William Yohn against Adam Bard and David Wenrich. Adam Bard, one of the defendants, resided in the city of Reading, and kept a public inn there. David Wenrich was a farmer, and resided about ten miles from Reading in the same county. Elijah Wenrich was a son of David 'Wenrich, and, though having a family of his own, resided with his father, as a hireling for wages.
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Error to the Common Pleas of Berks county. This was an action on the case by William Yohn against Adam Bard and David Wenrich. Adam Bard, one of the defendants, resided in the city of Reading, and kept a public inn there. David Wenrich was a farmer, and resided about ten miles from Reading in the same county. Elijah Wenrich was a son of David 'Wenrich, and, though having a family of his own, resided with his father, as a hireling for wages. On the 26th October, 1853, an agricultural fair was being held at Reading. Elijah hitched up his father’s team and carried several persons to Reading who…
1Opinion of the Court
The opinion of the court was delivered by
Knox, J.
This record presents for our consideration two questions, viz.:—
1st. Is David Wenrich responsible for the negligence of his son Elijah?
2d. Can there be a joint recovery against Adam Bard and David •Wenrich, founded upon separate acts of negligence, when such acts together produced the injury complained of?, Upon a careful examination of the facts of this case, and of the authoritative decisions relating to the liability of a master for the tortious conduct of his servant, we are satisfied that the Court of 'Common Pleas erred in permitting the…
2Cases cited3 opinions
- Williams v. SheldonNew York Supreme Court · 1833
- Wall v. OsbornNew York Supreme Court · 1834
- Weakly v. RoyerSupreme Court of Pennsylvania · 1835
3Cited by15 opinions
- McNeal v. McKainSupreme Court of Oklahoma · 1912
- Bowman v. HumphreySupreme Court of Iowa · 1906
- Wiest v. Electric Traction Co.Supreme Court of Pennsylvania · 1901
- O'Malley v. Philadelphia Rapid Transit Co.Supreme Court of Pennsylvania · 1915
- Gibson v. Bessemer & Lake Erie RailroadSupreme Court of Pennsylvania · 1910
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