Rudgeair v. Reading Traction Co.
Supreme Court of Pennsylvania
Appeal, No. 535, Jan. T., 1896, by plaintiff, from judgment of C. P. Berks Co., Nov. T., 1894, No. 49, refusing to take off nonsuit. Trespass for an assault and battery committed by one of defendant’s motormen.
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Appeal, No. 535, Jan. T., 1896, by plaintiff, from judgment of C. P. Berks Co., Nov. T., 1894, No. 49, refusing to take off nonsuit. Trespass for an assault and battery committed by one of defendant’s motormen. Before Ermentrout, P. J. At the trial when the plaintiff was on the stand, he proposed to prove by his own testimony that on October 2, 1894, he was employed by Charles B. Fisher to haul boards to Reuben Schroeder; that on said October 2, he, with his team loaded with boards, was driving on Penn street in the city of Reading on the down track of the defendant company; that when he came…
1Opinion of the Court
Per Curiam,
The testimony offered in this case shows that plaintiff was *338assaulted on the street and beaten by John Yan Reed, an employee of the Traction Company, defendant; but it clearly appears that in tb e commission of the assault and battery Yan Reed was not acting within the scope of his employment as a motorman of the company, or by the authority or direction of any of its officers or agents. The principle, respondeat superior, has no application to such a purely personal trespass as that disclosed by the evidence prepared. The court was therefore clearly right in refusing to take off…
2Cited by12 opinions
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- Greb v. Pennsylvania RailroadSuperior Court of Pennsylvania · 1909
- Cherillo v. SteinbergSuperior Court of Pennsylvania · 1935
- Riddell v. Philadelphia Rapid Transit Co.Superior Court of Pennsylvania · 1922
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