Matlack v. Chalfant
Superior Court of Pennsylvania
Appeal, No. 169, Oct. T., 1917, by defendant, from judgment of C. P. No. 2, Philadelphia Co., Sept. T., 1916, No. 2751, on verdict for plaintiff in case of David J. Matlack v. Robert L. Chalfant. Trespass to recover damages for personal injuries. Before Wessel, J. The circumstances of the accident are stated in the opinion of the Superior Court. Verdict and judgment for plaintiff for $500. Defendant appealed.
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Appeal, No. 169, Oct. T., 1917, by defendant, from judgment of C. P. No. 2, Philadelphia Co., Sept. T., 1916, No. 2751, on verdict for plaintiff in case of David J. Matlack v. Robert L. Chalfant. Trespass to recover damages for personal injuries. Before Wessel, J. The circumstances of the accident are stated in the opinion of the Superior Court. Verdict and judgment for plaintiff for $500. Defendant appealed. Error assigned was in refusing motion for judgment for defendant n. o. v. There was no evidence to bring the case within the principle of respondeat superior: Wray v. Evans, 80 Pa. 102;…
1Opinion of the Court
Opinion by
Kephart, J.,
The appellant is the owner of a number of auto trucks and -was engaged in the business of hiring automobiles at a per diem compensation, furnishing driver, oil, gasoline and accessories necessary to the successful operation of the car during the period of hire. He hired a truck to the Mack Paving and Construction Company to be used by them in hauling asphaltum. While in such use, through negligent operation by the driver, the truck collided with the plaintiff’s automobile from which the present suit resulted.
The driver’s negligence is admitted and the sole question for…
2Cases cited7 opinions
- Luckett v. ReighardSupreme Court of Pennsylvania · 1915
- Gibson v. Bessemer & Lake Erie RailroadSupreme Court of Pennsylvania · 1910
- Scheel v. ShawSuperior Court of Pennsylvania · 1915
- Blaker v. Philadelphia Electric Co.Superior Court of Pennsylvania · 1915
- Wollaston v. ParkSuperior Court of Pennsylvania · 1911
2 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Mature v. AngeloSupreme Court of Pennsylvania · 1953
- JOHNSON v. ANGRETTISupreme Court of Pennsylvania · 1950
- Robson v. MartinSupreme Court of Pennsylvania · 1927
- Pennsylvania Smelting & Refining Co. v. DuffinSupreme Court of Pennsylvania · 1949
- Healey v. Carey, Baxter & Kennedy, Inc.Superior Court of Pennsylvania · 1941
10 more not listed; retrieve them via the Exa API.