Opinion
April 13, 1961.
June 15, 1961.
Liquor Law — Licenses — Clubs — Illegal acts of employe — Adultery of liquor — Knowledge or criminal intent of employer.
In this case, in which it appeared that the licensee, the holder of a club liquor license, contended that its employe was indicted and convicted for adulterating the liquor, whereas it had not been convicted although it had also been indicted, and that the doctrine of respondeat superior was not applicable in the instant case, as the act of the employe was criminal in nature and not imputable to the employer; and that the court below, holding that the licensee was responsible for the acts of its employes, whether or not it had knowledge or criminal intent, affirmed the decision of the board suspending the club's license; it was Held that the order of the court below should be affirmed.
Before ERVIN, WRIGHT, WOODSIDE, WATKINS, MONTGOMERY, and FLOOD, JJ. (RHODES, P.J., absent).
Appeal, No. 26, April T., 1961, from order of County Court of Allegheny County, No. C-1498 of 1960, in re appeal of Association of Lithuanian Workers, Branch No. 142 of Pittsburgh. Order affirmed.
Same case in court below: 24 Pa. D. C. 2d 95.
Appeal by licensee from decision of Pennsylvania Liquor Control Board suspending club liquor license. Before GUFFEY, J.
Order entered sustaining decision of board. Licensee appealed.
John F. Gloeckner, for appellant.
John E. Caputo, Special Assistant Attorney General, with him Horace A. Segelbaum and George G. Lindsay, Assistant Attorneys General, and Anne X. Alpern, Attorney General, for Pennsylvania Liquor Control Board, appellee.
Argued April 13, 1961.
The Order of the County Court of Allegheny County is affirmed on the opinion of Judge JAMES M. GUFFEY for the court below, reported at 24 Pa. D. C. 2d 95.