FERRICK EXCAVATING & GRADING v. SENGER TR.


315 Pa.Super. 69 (1983)

461 A.2d 800

FERRICK EXCAVATING AND GRADING, Appellant, v. SENGER TRUCKING COMPANY, a Partnership, and Wilbur A. Senger and Macarius J. Senger Jr., Partners and Individually.

Supreme Court of Pennsylvania.

Filed April 22, 1983.

Reargument Denied July 1, 1983.

Petition for Allowance of Appeal Granted February 8, 1984.


Attorney(s) appearing for the Case

William C. Sennett, Erie, for appellants.

William Sesler, Erie, for appellees.

Before CERCONE, President Judge, and BECK and MONTEMURO, JJ.


BECK, Judge:

The Erie County Court of Common Pleas en banc granted a motion for a new trial to appellee Senger Trucking Company, on the basis of inconsistency in the jury verdict and error in the trial court's charge, and Ferrick Excavating and Grading Company appeals the order.

In March 1978, Ferrick Excavating entered into an oral agreement with Senger Trucking to transport Ferrick Excavating's wheeled high lift on Senger Trucking's trailer from Erie...

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