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FERRICK EXCAVATING v. SENGER TRUCKING

506 Pa. 181 (1984)

484 A.2d 744

FERRICK EXCAVATING AND GRADING COMPANY, Appellee, v. SENGER TRUCKING COMPANY, a partnership, and Wilbur A. Senger and Marcarious J. Senger, Jr., partners and individually, Appellants.

Supreme Court of Pennsylvania.

Decided November 20, 1984.

Attorney(s) appearing for the Case

William G. Sesler, Sesler & Belott, Erie, for appellants.

William C. Sennett, Ronald W. Folino, Erie, for appellee.

Before NIX, C.J., and LARSEN, FLAHERTY, McDERMOTT, HUTCHINSON, ZAPPALA and PAPADAKOS, JJ.

OPINION OF THE COURT

FLAHERTY, Justice.

Ferrick Excavating (hereinafter Ferrick) brought this action against Senger Trucking (hereinafter Senger) to recover for damage done to its 1974 Fiat-Allis Chalmers High Lift, while it was being transported on a truck owned and operated by Senger. A jury sitting in the Court of Common Pleas of Erie County returned a verdict for Ferrick in the amount of $30,500. Senger's post trial motion for a new trial was granted...

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