Murphy v. Stuart M. Smith, Inc.

Reginald J. Murphy, the primary appellant in this case, is a route salesman for Tastykake, Inc. Daily, in the early morning hours, he drove his van to a facility maintained as a pickup point for distribution of Tastykake products, loaded his van according to his needs and distributed the bakery goods to retailers. The product was brought to the pickup point by appellee, Stuart M. Smith, Inc. (a common carrier), from its Baltimore warehouse where it had previously been hauled by Smith from Philadelphia for disbursal.

Appellant declared that while loading his truck one early morning, due to…