JOHNSTON TRUCK RENTAL v. FOWLER-McKEE


281 Pa.Super. 271 (1980)

422 A.2d 164

JOHNSTON TRUCK RENTAL COMPANY, INC. v. FOWLER-McKEE COMPANY; Graziano Construction; and Aetna Casualty & Surety Company. Appeal of FOWLER-McKEE COMPANY at 50. Appeal of GRAZIANO CONSTRUCTION and Aetna Casualty & Surety Company at 84.

Superior Court of Pennsylvania.

Filed October 3, 1980.


Attorney(s) appearing for the Case

Robert W. Beilstein, Pittsburgh, for Fowler-McKee, appellant at No. 50 and appellee at No. 84.

Thomas Levendos, Pittsburgh, for Johnston Truck Rental, appellee.

G. Robert Moore, Pittsburgh, for Graziano Const. and Aetna Cas. & Sur., appellee, at 50, and for appellant at 84.

Robert A. Cohen, Pittsburgh, for Charles Sanders, participating party.

Before SPAETH, HOFFMAN and VAN der VOORT, JJ.


SPAETH, Judge:

These appeals arise from an order dismissing exceptions and entering judgment on a verdict entered by a judge sitting without a jury in an action in assumpsit.

The plaintiff below was Johnston Truck Rental Company, a trucking company; the defendants were Fowler-McKee Company, Inc., an excavating company; Graziano Construction Company, Inc., a general contractor; and Aetna Casualty and Surety Company, Graziano's surety. Graziano was general contractor...

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