Weekly notes of cases argued and determined in the Supreme Court of Pennsylvania, the County courts of Philadelphia, and the United States District ... Eastern district of Pennsylvania Volume 15 - Softcover
Synopsis
This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1885 Excerpt: ... verbal guaranty that his plow would not break, said contract of guaranty was beyond the scope of his authority, and the township is not liable. Answer. This point we decline to affirm. If the jury find the plaintiff refused to furnish his team and plow until the defendant promised to return it unbroken, or assured him it should not be broken, and if it was broken without any negligence on part of the driver, Mr. Parson, sent, by reason of plowing a harder material than the supervisor represented was to be plowed, the township would be liable. But if through careless or unskilful driving or handling of the team and plow by Parson's son, who was entrusted with the team, it was broken, there can be no recovery. The Court charged the jury, inter alia, as follows: "The employment of a man to work on the road at a fixed rate per day, he to furnish his own team and plow and driver, leaves the risk of breakage in the strict line of the use for which it was hired upon the owner of the team and plow, and the township can only become liable by some act of negligence which caused the injury, and which is fairly attributal»le to the supervisor, or upon a contract made by which he agrees at the time of hiring to be responsible--in which event it would be liable if the owner of the team or his servant, or employe, using it was not himself guilty of some negligence which caused the injury." Verdict for the plaintiff for $8, and judgment thereon. Whereupon the defendant took this writ, assigning for error the answers as above, and the portion of the charge above quoted. Valentine Hay (John H. Uhl, with him), for plaintiff in error. A single supervisor cannot bind the township for the performance of a contract, the propriety t of entering into which is the su...
"synopsis" may belong to another edition of this title.
