NOVAK v. NEFF


399 Pa. 193 (1960)

Novak, Appellant, v. Neff.

Supreme Court of Pennsylvania.

April 18, 1960.


Attorney(s) appearing for the Case

Leonard J. Paletta, with him Andrew S. Romito, and McArdle, Harrington & McLaughlin, for appellant.

Carl E. Fisher, with him Paul M. Robinson, Edwin J. Morrell, and Robinson & Fisher, and Walls, Rial & Morrell, for appellees.

Before JONES, C.J., MUSMANNO, JONES, COHEN, BOK and EAGEN, JJ.


OPINION BY MR. JUSTICE BOK, April 18, 1960:

At noon of September 17, 1957, appellant went to the defendants' lumber yard, located in Suterville, Westmoreland County, to get some lumber for his employer. The clerk on duty told him that the yardman had gone to lunch and that appellant should go and get what lumber he wanted. He and other customers had done this before.

The lumber he needed was in an upper tier of bins...

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