LITTLES v. Avis Rent-A-Car System

Opinion by

Mb. Chief Justice Bell,

This is an appeal from the Order of the Superior Court which in a per curiam opinion affirmed the Order of the Court of Common Pleas which had dismissed plaintiffs’ motion to take off a compulsory non-suit. The question to be resolved is whether the lessor of a motor vehicle is liable for damages to a passenger in a van type truck when the lessee-driver of said vehicle drove it into an overhead railroad bridge.

On August 15, 1962, Alfred Kemp rented an eight-ton truck from the Avis Rent-A-Car System. At the time of the' rental, Kemp was asked whether he had had…