Dunmire v. Fitzgerald

Opinion by

Mr. Justice Horace Stern,

This case involves the oft-recurring but legally troublesome subject of the agency of a borrowed employe.

Defendant, who conducts a garage and automobile business, was the owner of an automobile hearse which he leased from time to time to undertakers. Plaintiff, who is in the undertaking business, hired it for the purpose of conducting a funeral. Defendant supplied the gas, the oil, and a driver named Kiehl. The funeral procession was to travel a distance of 40 miles. Plaintiff led in his own car accompanied by an employe named Stitt; following him came an…