LYNN v. CEPURNEEK


352 Pa.Super. 379 (1986)

508 A.2d 308

Harold D. LYNN and Evelyn Lynn, his wife v. John A. CEPURNEEK, Philip Packard and F.B. Washburn Candy Corporation, a Corp. Appeal of F.B. WASHBURN CANDY CORPORATION, a Corp.

Supreme Court of Pennsylvania.

Filed March 10, 1986.

Reargument Denied May 1, 1986.


Attorney(s) appearing for the Case

Nancy Winschel, Pittsburgh, for appellant.

Bernard S. Shire, Monessen, for Lynn, appellees.

Louis C. Long, Pittsburgh, for Cepurneek, appellees.

Before WIEAND, DEL SOLE and HESTER, JJ.


WIEAND, Judge:

In this appeal we are asked to review the trial court's jury instructions as they pertain to the possible existence of a master and servant relationship between a candy manufacturer and the driver of a truck provided by a third party, pursuant to contract, to haul the manufacturer's products.

On August 15, 1979, a truck owned by Philip A. Packard, Inc.,1 loaded with candy containers, and operated by John Cepurneek...

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