Rosen v. Diesinger
Supreme Court of Pennsylvania
Where regular employer controls conduct of employee he is responsible for his actions while the employee is performing services for another: Funston v. Ingenito, 282 Pa. 124; Thatcher v. Pierce, 281 Pa. 16, 20; Lang v. Hanlon, 302 Pa. 173; Robson v. Martin, 291 Pa. 426. The fact that the chauffeur, when delivering cars from his employer’s garage, did so in hope of receiving a tip from those to whom he delivered the car, would not make him any the less the servant of his…
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Where regular employer controls conduct of employee he is responsible for his actions while the employee is performing services for another: Funston v. Ingenito, 282 Pa. 124; Thatcher v. Pierce, 281 Pa. 16, 20; Lang v. Hanlon, 302 Pa. 173; Robson v. Martin, 291 Pa. 426. The fact that the chauffeur, when delivering cars from his employer’s garage, did so in hope of receiving a tip from those to whom he delivered the car, would not make him any the less the servant of his regular employer, the keeper of the garage. There is nothing in the present record to take the case out of the rule that a…
1Opinion of the Court
Opinion by
Mr. Justice Maxey,
The controlling question in this case was who was the “superior” of the servant whose negligent act was the foundation of the action. The servant Combs was an attendant in a garage where a car belonging to defendant’s husband was stored. The defendant phoned Combs at the garage and said to him, “If you have the time, would you mind driving my machine over to the Fair-field Apartments? I have an appointment with the doctor.” Combs replied affirmatively. En route to the apartment the car negligently driven by Combs injured the plaintiff!.
Defendant’s husband testified…
2Cases cited5 opinions
- Piquet Et Ux. v. WazelleSupreme Court of Pennsylvania · 1927
- Funston v. IngenitoSupreme Court of Pennsylvania · 1924
- Lang v. Hanlon, (No. 1)Supreme Court of Pennsylvania · 1931
- Jimmo v. FrickSupreme Court of Pennsylvania · 1917
- Morris v. PayneSuperior Court of Pennsylvania · 1922
3Cited by19 opinions
- McConnell v. WilliamsSupreme Court of Pennsylvania · 1949
- Siidekum v. Animal Rescue League of PittsburghSupreme Court of Pennsylvania · 1945
- Kimble v. WilsonSupreme Court of Pennsylvania · 1945
- Breslin by Breslin v. RidarelliSuperior Court of Pennsylvania · 1982
- Holtz WillSupreme Court of Pennsylvania · 1966
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