McColligan v. Pennsylvania Railroad
Supreme Court of Pennsylvania
Appeal, No. 167, Jan. T., 1905, by plaintiff, from judgment of C. P. No. 2, Phila. Co., June T., 1903, No. 4,162, on verdict for defendant in Case of Dominick McColligan v. Pennsylvania Railroad Company. Trespass to recover damages for personal injuries. Before SULZBEEGEE, J. The opinion of the Supreme Court states the case.
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Appeal, No. 167, Jan. T., 1905, by plaintiff, from judgment of C. P. No. 2, Phila. Co., June T., 1903, No. 4,162, on verdict for defendant in Case of Dominick McColligan v. Pennsylvania Railroad Company. Trespass to recover damages for personal injuries. Before SULZBEEGEE, J. The opinion of the Supreme Court states the case. Defendant presented the following points : 1. That as the evidence fails to establish the relation of master and servant between the driver of the hansom and the defendant, the latter cannot be held responsible for the former’s negligence and, consequently, the verdict…
1Opinion of the Court
Opinion by
Mr. Justice Elkin,
The decisive question raised by this appeal is whether as between the defendant and the driver of the hansom the relation was one of master and servant or of bailor and bailee. If the former, the master is liable for the negligence of the servant; if the,latter, the negligence of the bailee cannot be imputed to the bailor. The contract of letting is in writing, the printed rates and regulations are made part thereof, so that the determination of the relation is a question of law for the court and not of fact for the jury.
The lease under which defendant let the…
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