EXNER et ux. v. GANGEWERE


397 Pa. 58 (1959)

Exner et ux., Appellants, v. Gangewere.

Supreme Court of Pennsylvania.

June 30, 1959.


Attorney(s) appearing for the Case

Joseph H. Foster, with him Martin H. Philip, for appellants.

Roger N. Nanovic, with him Albert H. Heimbach, for appellee.

Before JONES, C.J., BELL, MUSMANNO, JONES, COHEN and McBRIDE, JJ.


OPINION BY MR. JUSTICE McBRIDE, June 30, 1959:

This is an action in trespass for personal injuries suffered by plaintiffs, Norman E. Exner and Catherine M. Exner, when their automobile collided with that of the defendant, Ray L. Gangewere, which was then being driven by his son, Robert L. Jacoby. The only issues submitted to the jury were (1) Was Jacoby the servant of the defendant at the time of the accident? and (2) Was Jacoby then in the course and scope of his...

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