Kennelly v. Miller
Superior Court of Pennsylvania
Appeal, No. 223, Oct. T., 1917, by defendant, from judgment of O. P. No. 2, Philadelphia Co., March T., 1916, No. 996, on verdict for plaintiff in case of Michael J. Kennelly v. Edward Miller. Trespass to recover damages for personal injuries. Before Rogers, J. The circumstances of the accident are stated in the opinion of the Superior Court. Verdict and judgment for plaintiff for $850. Defendant appealed.
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Appeal, No. 223, Oct. T., 1917, by defendant, from judgment of O. P. No. 2, Philadelphia Co., March T., 1916, No. 996, on verdict for plaintiff in case of Michael J. Kennelly v. Edward Miller. Trespass to recover damages for personal injuries. Before Rogers, J. The circumstances of the accident are stated in the opinion of the Superior Court. Verdict and judgment for plaintiff for $850. Defendant appealed. Error assigned was in overruling defendant’s motion for judgment n. o. v. cited: Scheel v. Shaw, 252 Pa. 451; Solomon v. Commonwealth Trust Co., 256 Pa. 55.
1Opinion of the Court
Opinion by
Trexler, J.,
Plaintiff suffered the injuries complained of in a collision between his motorcycle and defendant’s automobile. The learned trial judge told the jury, “You must *117be satisfied from the testimony that the chauffeur, List, who was driving the car at the time, was an employee of the defendant and that he was engaged in the business of his employer at the time of the accident.” The defendant claims that there was not sufficient evidence in the case to warrant a submission of these questions to the jury.
At a hearing held in the 22d District station house where the accident was…
2Cases cited1 opinion
- Kurtz v. TourisonSupreme Court of Pennsylvania · 1913