...drawing the tooth, causing a fracture of the jaw bone from which necrosis resulted, and on the contention that the relation of master and servant existed between the defendant and Dr. Snively at the time of the performance of the alleged negligent act. Motion for nonsuit was made...

...1862. plaintiff had acquired a right to the support of the defendant's wall. Applying the test, whether the relation of master and servant existed between the defendant and the person who took down the wall, there was evidence for the jury that the defendant was liable as master. lu...

...REPORTS. plaintiff had acquired a right to the support of the defendant's wall. Applying the test, whether the relation of master and servant existed between the defendant and the person who took down the wall, there was evidence for the jury that the defendant was liable as master. lu...

...responsible.] The real facts might have been ascertained on inquiry. [MARTIN, B. — Is it not clear that the relation of master and servant existed between the defendant and Neave ? The defendant had control over Neave, who had the superintendence of the works.] In Reedie...

...26'±] the horses, and *was not a participator in the trespass. Assuming, for the sake of argument, that the relation of master and servant existed between the defendant and the groom, the mere presence of the master on the box is not enbugh to fix him with liability for the trespass...

...following two questions should be decided as matters of law by the county court judge, viz., whether the relation of master and servant existed between the defendant and the cab driver ; and whether, if so, the cab driver, at the time when he caused the injuries complained...

...rejection of the prayers offered by the plaintiff the latter excepted. There is no question as to whether the relation of master and servant existed between the defendant and the party doing the wrongful act complained of; that is conceded. But the question is whether the act of...

...Hannis v. Driver, 68 Sup., 548. In Luckett v. Reighard, 248 Pa., 24, it was said: "He (plaintiff) must show that the relation of master and servant existed...servant was engaged in his master's business, and was acting within the scope of his employment at the time the tortious act was committed resulting...

...63; Murray v. Currie, LR 6 CP 24. In the case at bar the burder of proof was upon the plaintiff to show that the relation of master and servant existed between the defendant and Sawyer. This was no* shown. The language of the auditor, wben he says, "I do not find that said Sawyer...

...appellant, vs. Hanlon, 217 Pa. 339. The plaintiff was required to show by direct or circumstantial evidence that the relation of master and servant existed between...and the person in charge of the car at the time of the accident, and that the servant was engaged in his master's business and was acting within the scope...