HALL v. GALLAGHER


125 A.2d 507 (1956)

James HALL, Carl Pinckney, Milton Hall and John Jackson, Appellants, v. E. A. GALLAGHER, individually and trading as E. A. Gallagher & Sons, Appellee.

Supreme Court of Delaware.

Rehearing Denied November 9, 1956.


Attorney(s) appearing for the Case

William F. Lynch, II (of Morris, James, Hitchens & Williams), Wilmington, for appellants.

William H. Bennethum (of Morford & Bennethum), Wilmington, for appellee.

SOUTHERLAND, C. J., and WOLCOTT and BRAMHALL, JJ., sitting.


BRAMHALL, Justice.

Appellee, a common carrier of freight by truck, operating under a certificate issued by the Interstate Commerce Commission (I. C. C.), was engaged in the hauling of steel from Sparrows Point, Maryland, to the plant of the Budd Company in Philadelphia, Pennsylvania. In order to acquire sufficient equipment for this purpose, appellee had leased various tractor-trailers under what was known as a "one-way-trip...

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