SMITH v. HENNESSEY

No. 8983.

11 Pa. D. & C. 2d 354 (1957)

Smith v. Hennessey

Common Pleas Court of Philadelphia County, Pennsylvania.

April 1, 1957.


Attorney(s) appearing for the Case

Freedman, Landy & Lorry, for plaintiff.

M. A. Foley, for defendants.


FLOOD, J., April 1, 1957.

The new trial is sought here chiefly on the ground that the court's charge was improper in placing too heavy a burden upon defendants Grayboyes to rebut the presumption that defendant Hennessey was their servant acting within the scope of his authority at the time of the accident. The presumption arose from the evidence that Hennessey was the Grayboyes' employe and the truck which struck plaintiff was a commercial vehicle. Their evidence...

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