Sarver v. Mitchell
Superior Court of Pennsylvania
Appeal, No. 10, Oct. T., 1907, by defendant, from judgment of C. P., No. 3, Phila. Co., June T., 1905, No. 2,642, on verdict for plaintiff in case of Austin C. Sarver v. John K. Mitchell. Trespass to recover damages for death of a child. Before von Moschzisker, J. The facts are stated in the opinion of the Superior' Court.
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Appeal, No. 10, Oct. T., 1907, by defendant, from judgment of C. P., No. 3, Phila. Co., June T., 1905, No. 2,642, on verdict for plaintiff in case of Austin C. Sarver v. John K. Mitchell. Trespass to recover damages for death of a child. Before von Moschzisker, J. The facts are stated in the opinion of the Superior' Court. Verdict and judgment for plaintiff for $1,000. Defendant appealed. * Error assigned was in discharging the rule for judgment non obstante veredicto. — A nonsuit should have been entered: Lotz v. Hanlon, 217 Pa. 339; Quigley v. Thompson, 211 Pa. 107; Bard v. Yohn, 26 Pa.…
1Opinion of the Court
Opinion by
Beaver, J.,
What was said in Lotz v. Hanlon, 217 Pa. 339, applies here: “It was essential to a recovery in this case that it be made to appear that the accident from which plaintiff’s injury (the death of plaintiff’s child) resulted, occurred while the person in charge of the automobile was using it in the course of his employment, and on his master’s business. Plaintiff offered no direct evidence as to this, but, having shown the ownership of the machine to be in the defendant, sought to derive from this circumstance, and this alone, not only the fact that the person in charge was…
2Cases cited7 opinions
- Lotz v. HanlonSupreme Court of Pennsylvania · 1907
- Bard v. YohnSupreme Court of Pennsylvania · 1856
- Hershinger v. Pennsylvania RailroadSuperior Court of Pennsylvania · 1904
- Corpies v. Sand Co.Superior Court of Pennsylvania · 1906
- Towanda Coal Co. v. HeemanSupreme Court of Pennsylvania · 1878
2 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
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- Ferguson v. WinterUtah Supreme Court · 1915
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