F.C. HAAB CO., INC. v. PELTZ ST. TERM.


407 Pa. 276 (1962)

F.C. Haab Co., Inc., Appellant, v. Peltz Street Terminals, Inc.

Supreme Court of Pennsylvania.

April 17, 1962.


Attorney(s) appearing for the Case

Robert K. Greenfield, with him Edward Greer, Stanford S. Hunn, and Folz, Bard, Kamsler, Goodis & Greenfield, for appellant.

Abraham L. Shapiro, with him Norman C. Henss, and Cohen, Shapiro and Cohen, for appellee.

Before BELL, C.J., MUSMANNO, JONES, COHEN, EAGEN and O'BRIEN, JJ.


OPINION BY MR. JUSTICE O'BRIEN, April 17, 1962:

The plaintiff appeals from the order granting a new trial after a verdict of a jury in favor of the plaintiff.

The defendant owns and operates an oil terminal on the Schuylkill River. Oil is delivered to the terminal by barge and is stored in tanks from which it is dispensed to tank vehicles. The oil owned by the tenants is co-mingled. The grade and quality of the particular types of oil is kept separate, but...

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