Gordon v. S. M. Byers Motor Car Co.

Opinion by

Mr. Justice Linn,

The verdict was against both defendants, Hazlett and the Byers Company, who were charged as joint tortfeasors : Act of June 29, 1923, P. L. 981. It establishes that the death of plaintiff’s husband resulted from the negligence of Lewis, the driver of the truck. The point in the case is, who is responsible for Lewis’s conduct— Hazlett, or the Byers Company, or both; whose servant or agent was he in doing the acts* that resulted in the explosion? The answer depends on whether either or both retained the power of controlling * the work that caused the damage. On…