Chamberlain v. Riddle

Opinion by

James, J.,

Plaintiffs appeal from an order refusing to lift a non-suit in an action for personal injuries sustained on April 28,1942. Minor plaintiff, on a bicycle, was struck and injured by an automobile owned by defendant and operated by Charles Strasser, a six-foot four-inch youth of eighteen, who had no operator’s license. Defendant Was not present at the time of the accident. The court below was of opinion that plaintiffs failed to show either that Strasser was defendant’s servant or that defendant had any control, actual or potential, over the operation of the car at the time…