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NIGGEL v. SEARS, ROEBUCK AND CO.

219 Pa.Super. 353 (1971)

Niggel, Appellant, v. Sears, Roebuck and Company.

Superior Court of Pennsylvania.

September 21, 1971.

Attorney(s) appearing for the Case

John A. DeMay, for appellant.

Arnold V. Plum, with him Edward R. Lawrence, Jr., and Lawrence, Plum & Lawrence, for appellee.

Before WRIGHT, P.J., WATKINS, MONTGOMERY, JACOBS, HOFFMAN, SPAULDING, and CERCONE, JJ.

OPINION BY HOFFMAN, J., September 21, 1971:

This is an appeal from the Order of the lower court granting a Judgment N.O.V. for defendant-appellee.

In 1968 appellant, a truck driver, was making deliveries to a Sears, Roebuck and Co. store. After the delivery the store manager asked him to take back a number of boxes which were to be returned. The boxes were bound by steel wire around each end of the box, and the wires were joined together by a connection

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