FERRELL v. MARTIN


276 Pa.Super. 175 (1980)

419 A.2d 152

James J. FERRELL v. Barbara E. MARTIN, and Charles L. Huston, III, and Barbara Huston, his wife. Appeal of Charles L. HUSTON, III and Barbara Huston, his wife.

Superior Court of Pennsylvania.

Filed March 21, 1980.

Reargument Denied June 23, 1980.


Attorney(s) appearing for the Case

George J. McConchie, Media, for appellants.

Fred T. Cadmus, III, West Chester, for appellee.

Before PRICE, VAN der VOORT and WIEAND, JJ.


WIEAND, Judge:

This appeal presents an issue which is novel and unique. We are asked to determine whether a babysitter exceeds the scope of her employment when she removes the children from their home, puts them in her own vehicle, and takes them to the home of her parents and later to a service station, where her vehicle strikes and injures the attendant. A jury found that the babysitter was acting within the scope of her employment and pursuant to principles of...

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