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PHOENIX INS. CO. v. McDERMOTT BROS. CO.

416 Pa. 569 (1965)

Phoenix Insurance Company v. McDermott Brothers Company, Appellant.

Supreme Court of Pennsylvania.

March 16, 1965.

Attorney(s) appearing for the Case

Bernard Meyerson, of the New York Bar, with him Irvin Stander, for appellant.

Robert H. Jordan, for appellee.

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

OPINION BY MR. JUSTICE MUSMANNO, March 16, 1965:

The Carney Machinery Company, in Allentown, owner of a heavy piece of machinery called a gear hobber, then in Brooklyn, desired to have it transported from that place to Allentown. It contracted with the McDermott Brothers Company to effect the transfer, agreeing to pay $50 a day, plus costs, for the haulage. One of Carney's men recommended to Henry Bachman, driver of the McDermott...

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