Solomon v. Commonwealth Trust Co.
Supreme Court of Pennsylvania
Appeal, No. 74, Oct. T., 1916, by plaintiff, from judgment of G. P. Allegheny Co., July T., 1913, No. 2319, for defendant, in ease of Louis Solomon y. Commonwealth Trust Company of Pittsburgh and Leander Trautman, Executors of the Estate of Lydia A. Reymer. Trespass to recover damages for the death of' plaintiff’s minor son. Before Macfarlane, J. The opinion of the Supreme Court states the facts. Verdict for defendant and judgment thereon. Plaintiff appealed.
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Appeal, No. 74, Oct. T., 1916, by plaintiff, from judgment of G. P. Allegheny Co., July T., 1913, No. 2319, for defendant, in ease of Louis Solomon y. Commonwealth Trust Company of Pittsburgh and Leander Trautman, Executors of the Estate of Lydia A. Reymer. Trespass to recover damages for the death of' plaintiff’s minor son. Before Macfarlane, J. The opinion of the Supreme Court states the facts. Verdict for defendant and judgment thereon. Plaintiff appealed. Errors assigned were instructions to the jury.
1Opinion of the Court
Opinion by
Mr. Chief Justice Brown,
On March 27, 1913, an automobile owned by Mrs. Lydia A. Keymer, now deceased, and driven by a chauffeur in her employ, ran into a wagon on which a minor son of the appellant was riding, and the boy sustained injuries which resulted in death a few hours later. That his death was due to the negligence of the chauffeur was clearly established, but the controlling question in the case was whether he was acting within the scope of his employment at the time the accident occurred. The only evidence for the consideration of the jury on this question was the…
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