MADRID MOTOR CORP. v. DAWSON


166 Pa.Super. 451 (1950)

Madrid Motor Corporation v. Dawson, Appellant.

Superior Court of Pennsylvania.

March 14, 1950.


Attorney(s) appearing for the Case

Roy Martin Boyd, for appellant.

J. Peter Williams, with him Barnes, Dechert, Price & Myers, for appellee.

Before RHODES, P.J., HIRT, DITHRICH, ROSS, ARNOLD and FINE, JJ. (RENO, J., absent.)


OPINION BY ARNOLD, J., March 14, 1950:

The defendant, as a bailee, had possession of plaintiff's motor truck (No. 41) which was returned to the bailor in damaged condition. Plaintiff sued in assumpsit to recover the cost of restoration. The court below directed a verdict for the plaintiff on which judgment was entered after the refusal of defendant's motions. Defendant appealed.

The complaint as amended sustains an action regardless of whether the contract...

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