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KAPLAN TR. CO. v. COSHOCTON C. INC. et al.

207 Pa.Super. 43 (1965)

Kaplan Trucking Co., Appellant, v. Coshocton Cartage, Inc. et al.

Superior Court of Pennsylvania.

December 16, 1965.

Attorney(s) appearing for the Case

J. Perry Eckels, with him Eckels, Blystone, Fuller & Kinnunen, for plaintiff, appellant.

Stuart A. Culbertson, with him Paul E. Allen, for defendants, appellants.

Paul D. Shafer, Jr., with him Thomas, Shafer, Dornhaffer & Swick, for defendant, appellee.

Before ERVIN, P.J., WRIGHT, WATKINS, MONTGOMERY, JACOBS, and HOFFMAN, JJ. (FLOOD, J., absent).

OPINION BY ERVIN, P.J., December 16, 1965:

The plaintiff in this action, Kaplan Trucking Co. (Kaplan), brought suit in trespass against three defendants, Coshocton Cartage, Inc. (Coshocton), Russell T. Goddard (Goddard), and Transamerican Freight Lines, Inc. (Transamerican). A dual wheel from another approaching vehicle came loose from the vehicle, crossed the road and struck the truck hauling the plaintiff's load, thereby causing the damage to its cargo.

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