Moyer Auto. License Case, 59 A.2d 927 (Pa. 1948). · Go Syfert
Moyer Auto. License Case, 59 A.2d 927 (Pa. 1948). Cases Citing This Book View Copy Cite
45 citation events across 10 distinct courts.
Strongest positive: De La Rigaudiere License (pactcomplcheste, 1961-06-26)
Treatment trajectory · 1949 → 2026 · click a year to view as-of
1949 1987 2026
Top citers, strongest first. 2 distinct citers. How cited ↗
discussed Cited as authority (rule) De La Rigaudiere License
pactcomplcheste · 1961 · confidence medium
Where, as here, the evidence of the Commonwealth is disputed and there is credible conflicting testimony the hearing judge must make findings of fact and exercise his discretion whether or not a suspension should stand: Emerick Case, supra, at 395, 397 ; Commonwealth v. Strobel, 378 Pa. 84 .
discussed Cited "see, e.g." Ferry v. Fisher (2×)
Pa. Super. Ct. · 1998 · signal: see also · confidence low
See also In re Moyer, 359 Pa. 536 , 59 A.2d 927 (1948) (a case where the supreme court imputed a “knowledge/reason to believe” requirement into section 1574; where owner did not have any knowledge or reason to believe that the license of the operator of his automobile had been revoked, owner did not violate any provision of the Motor Vehicle Code).
Retrieving the full opinion text from the archive…
Moyer Automobile License Case.
Appeal, 108.
Supreme Court of Pennsylvania.
May 24, 1948.
59 A.2d 927
1948 Pa. LEXIS 435
Randolph C. Ryder , Deputy Attorney General, Leo C. Mullen and T. McKeen Chidsey , Attorney General, for appellant. Robert C. Haberstroh , for appellee.
Maxey, Drew, Linn, Stern, Patterson, Stearns, Jones.
Cited by 21 opinions  |  Published
Per Curiam,

The Secretary of Revenue suspended the motor vehicle operator’s license of Ralph Moyer (appellee), because Moyer had permitted Robert Carper to operate Moyer’s motor vehicle after Carper’s license had been revoked. Moyer appealed to the court of common pleas. The court revoked the Secretary’s suspension order. The Commonwealth then appealed.

Section 622 of Art. VI of The Vehicle Code of May 1, 1929, P. L. 905, 75 PS 233, prohibits any person from authorizing or permitting a motor vehicle owned by him to be operated by any person who has no legal right to do so. Section 615 of Art. VI of the Code, as amended, provides that the Secretary of Revenue may suspend an operator’s license where, inter alia, “. . . such person has committed any violation of the motor vehicle[*538] laws. ...” Section 616 of the Code provides for an appeal to the court of common pleas. A hearing under such an appeal is de novo. The court possesses wide discretion in the administration of justice, according to the evidence and circumstances presented, and its action will not be disturbed on appeal except for manifest abuse of discretion: Handwerk Automobile License Case, 348 Pa. 263, 35 A. 2d 289; Bureau of Highway Safety v. Wright, 355 Pa. 307, 49 A. 2d 783.

Upon a hearing, the learned trial judge in the court below found as a fact that the appellee had no knowledge or reason to believe that the license of Robert Carper, the operator of appellee’s motor vehicle, had been revoked, and did not knowingly violate the provision of the Code. The evidence amply supports the finding of the court below and no error of law appears in the record.

Decree affirmed at appellant’s cost.