Howard v. Zaney Bar
Pennsylvania Supreme Court
85 A.2d 401, 369 Pa. 155 (1952)
- Written by Miller Jozwiak, JD
Facts
Howard (plaintiff) was a regular customer at Zaney Bar (defendant). According to Howard, one evening, he went into the bar and made several advances toward a female customer. Howard later alleged that the bartender responded by saying he would “not talk to anyone like that” immediately before shooting Howard with a pistol from under the bar. Howard sued Zaney Bar for trespass, and the jury returned a verdict in his favor. Zaney Bar moved for judgment notwithstanding the verdict on the grounds that the bartender had not been acting within the scope of his employment and that the bar was therefore not vicariously liable for his actions. The trial court granted this motion, and Howard appealed.
Rule of Law
Issue
Holding and Reasoning (Stearne, J.)
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