Kelton v. Fifer
Superior Court of Pennsylvania
Appeal, No. 85, April T., 1904, by defendant, from judgment of C. P. No. 2, Allegheny Co., Jan. T., 1901, No. 310, on verdict for plaintiff in case of J. Frank Kelton and James W. Kelton, his minor son, v. Kasimer Fifer and John Campbell. Trespass to recover damages for personal injuries. Before Rodgers, J. The circumstances of the accident are stated in the opinion of the Superior Court. The court refused binding instructions for defendant.
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Appeal, No. 85, April T., 1904, by defendant, from judgment of C. P. No. 2, Allegheny Co., Jan. T., 1901, No. 310, on verdict for plaintiff in case of J. Frank Kelton and James W. Kelton, his minor son, v. Kasimer Fifer and John Campbell. Trespass to recover damages for personal injuries. Before Rodgers, J. The circumstances of the accident are stated in the opinion of the Superior Court. The court refused binding instructions for defendant. Verdict and judgment for James W. Kelton, the son, for $477, and for J. Frank Kelton, the father, $75.00. Error assigned was in refusing binding…
1Opinion of the Court
Opinion by
Rice, P. J.,
The general rule that a master is responsible for an injury resulting from the negligence of his servant while driving the master’s vehicle, provided the servant is at the time engaged in his master’s business, is too well settled to require the citation of authorities. If the wagon is being driven by the servant, it may be inferred without other proof that the latter is *605engaged in the master’s business, and is subject to his control. There are authorities which hold that when the plaintiff has suffered injury from the negligent management of a vehicle, such as boat, car…
2Cases cited6 opinions
- Norris v. . KohlerNew York Court of Appeals · 1869
- Maynes v. AtwaterSupreme Court of Pennsylvania · 1879
- Howard Express Co. v. WileSupreme Court of Pennsylvania · 1870
- Connor v. Pennsylvania RailroadSuperior Court of Pennsylvania · 1904
- Hershinger v. Pennsylvania RailroadSuperior Court of Pennsylvania · 1904
1 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Smith v. BranscomeCourt of Appeals of Maryland · 1968
- McMahen v. WhiteSuperior Court of Pennsylvania · 1906
- Lassock v. BileskiSuperior Court of Pennsylvania · 1928
- Warne v. JohnstonSuperior Court of Pennsylvania · 1911
- Wollaston v. ParkSuperior Court of Pennsylvania · 1911
7 more not listed; retrieve them via the Exa API.