Commonwealth v. Shepherd
Superior Court of Pennsylvania
Appeal, No. 308, Oct. T., 1914, by defendant, from judgment of Municipal Court, Philadelphia Co., May Sessions, 1914, No. 240, on verdict of guilty in case of Commonwealth v. Harry Shepherd. Indictment for larceny as bailee. Before Bonniwell, J. At the trial the defendant claimed that he was a common carrier of goods for hire and that he retained the goods in question to enforce his lien for charges. Verdict of guilty upon which judgment of sentence was passed.
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Appeal, No. 308, Oct. T., 1914, by defendant, from judgment of Municipal Court, Philadelphia Co., May Sessions, 1914, No. 240, on verdict of guilty in case of Commonwealth v. Harry Shepherd. Indictment for larceny as bailee. Before Bonniwell, J. At the trial the defendant claimed that he was a common carrier of goods for hire and that he retained the goods in question to enforce his lien for charges. Verdict of guilty upon which judgment of sentence was passed. Error assigned was in refusing binding instruction for defendant. —Defendant was a common carrier: Fuller v. Bradley, 25 Pa. 120;…
1Opinion of the Court
Opinion by
Orlady, J.,
The material facts in this case are not controverted.
The defendant conducts a business of moving and storing household furniture and other articles for hire. He made a contract with William M. Wossoff to haul an auto-van of household goods from Germantown to Haddonfield, New Jersey, for a fixed price. Wossoff was not at the designated place for delivery when the van arrived, about three o’clock in the afternoon, and after waiting for nearly four hours, the drivers gained access to the house and delivered a part of the furniture, retaining the balance until payment was…
2Cases cited2 opinions
- Lloyd v. HaughSupreme Court of Pennsylvania · 1909
- Nicolette Lumber Co. v. People's Coal Co.Supreme Court of Pennsylvania · 1906
3Cited by1 opinion
- Consolidated Cigar Corp. v. CorbinSupreme Court of Pennsylvania · 1925