Legal Opinion

Guinney v. Hand

Supreme Court of Pennsylvania

Decided March 6, 1893No. Appeal, No. 135PublishedCited by 18 opinions

Appeal, No. 135, Jan. T., 1893, by defendants, Michael Hand et al., trading as the Scranton Brewing Company, from judgment of C. P. Lackawanna Co., Oct. T., 1889, No. 459, on verdict for plaintiff, James Guinney. Trespass for personal injuries. The facts appear by the opinon of the Supreme Court.

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Appeal, No. 135, Jan. T., 1893, by defendants, Michael Hand et al., trading as the Scranton Brewing Company, from judgment of C. P. Lackawanna Co., Oct. T., 1889, No. 459, on verdict for plaintiff, James Guinney. Trespass for personal injuries. The facts appear by the opinon of the Supreme Court. The court charged in part as follows : [“ Now, on the part of the defence it is alleged that the accident occurred not through the negligence of the defendants, but, if at all, it occurred through the negligence of their employee, Thomas Carroll, who was their driver. The defendants allege that they…

1Opinion of the Court

Opinion by

Mr. Chief Justice Sterrett,

It is practically conceded that the injuries suffered by plaintiff were directly caused by the reckless negligence of Thomas Carroll, who, at the time they were inflicted, was employed by the firm defendants in delivering beer, etc., to their customers. For that purpose he drove their beer wagon by which plaintiff was struck and injured. It is also conceded that if Carroll was acting within the general scope of his said employment, at the time plaintiff was injured in consequence of his negligent driving, defendants would be liable; but it is alleged that,…

2Cases cited1 opinion

  1. Brunner v. American Telegraph & Telephone Co.Supreme Court of Pennsylvania · 1892

3Cited by18 opinions

  1. Justice, S., Aplt. v. Trooper LombardoSupreme Court of Pennsylvania · 2019
  2. Moon v. MatthewsSupreme Court of Pennsylvania · 1910
  3. Brennan v. Merchant & Co.Supreme Court of Pennsylvania · 1903
  4. McGrath v. Pennsylvania Sugar Co.Supreme Court of Pennsylvania · 1924
  5. Parker v. Matheson Motor Car Co.Supreme Court of Pennsylvania · 1913

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