Beatty v. Firestone Tire & Rubber Co.
Supreme Court of Pennsylvania
Beatty v. Firestone Tire & Rubber Co., 263 Pa. 271 (Pa. 1919)
106 A. 303; 1919 Pa. LEXIS 415
Brown, Fox, Frazer, Simpson, Walling
Beatty v. Firestone Tire & Rubber Co.
Opinion of the Court
Under the undisputed facts in this case, set forth in the opinion of the learned court below denying plaintiffs’ motion for a new trial, Dunlap, a chauffeur of the defendant company, was clearly not upon his master’s business, but on business or pleasure purely of his own, when the truck he was driving collided with the automobile in which the appellants were passengers, and the judgment is, therefore, affirmed.
Reference
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- 6 cases
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- Syllabus
- Negligence — Automobile collision — Injury to third person — Liarbility of owner — Use of machine by employee — Defective brakes— Proximate cause. 1. Tbe owner of an automobile is not liable for damages caused by a collision due to the negligence of bis employee while the employee was using tbe machine for a purpose of bis own, whether the owner knew that tbe car was being so used or not. 2. Tbe mere fact that an automobile was dangerous by reason of defective brakes, does not render the owner liable for damages caused by a collision while tbe employee was using tbe machine for a purpose of bis own, since tbe proximate cause of tbe accident was tbe use of tbe car by tbe employee for bis own purpose and not tbe condition of tbe brakes.