Puhlman v. Excelsior Express & Standard Cab Co.
Supreme Court of Pennsylvania
Appeal, No. 94, Oct. T., 1917, by plaintiffs, from judgment of O. P. Allegheny Co., July T., 1914, No. £196, refusing to take off compulsory non-suit in case of Edmund E. Puhlman, a Minor, by His Next Friend and Father, Carl H. Puhlman, and Carl H. Puhlman in His Own Right, v. Excelsior Express and Standard Cab Company. Trespass for personal injuries. Before Sharer, P. J. The facts appear by the opinion of the Supreme Court.
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Appeal, No. 94, Oct. T., 1917, by plaintiffs, from judgment of O. P. Allegheny Co., July T., 1914, No. £196, refusing to take off compulsory non-suit in case of Edmund E. Puhlman, a Minor, by His Next Friend and Father, Carl H. Puhlman, and Carl H. Puhlman in His Own Right, v. Excelsior Express and Standard Cab Company. Trespass for personal injuries. Before Sharer, P. J. The facts appear by the opinion of the Supreme Court. The lower court entered a compulsory nonsuit which it subsequently refused to take off.. Plaintiffs appealed. Error assigned was in the refusal to take off the non-suit.
1Opinion of the Court
Opinion by
Me. Justice Pottee,
Edmund- E. Puhlman, an employee of the Duquesne Light Company, was injured through the negligence of one Joseph Elkman. Contending that the latter was at the time of the accident employed by the Excelsior Express and Standard Cab Company, and was acting within the scope of his employment, the plaintiff brought this suit against the cab company, to recover from it damages for the injury which he sustained. The facts were not in dispute, and, as stated by the court below, were as follows: “The Duquesne Light Company hired from the defendant the services of a horse,…
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