Martin v. Lipschitz

Opinion by

Mr. Justice Walling,

At about nine o’clock on the morning of May 1, 1925, plaintiff’s husband, Charles A. Martin, while walking across Twenty-second Street at Cumberland Street, Philadelphia, was killed by Leon Lipschitz’s automobile, northbound in the former street. The proof warranted a finding of negligence on part of the driver, Frank Jones, and this suit therefore was brought against Lipschitz, the controlling question being whether there was any submissible evidence that Jones was at the time engaged in the owner’s business. At the trial the jury disagreed, and, later, the…