Caplan v. Ebel
Superior Court of Pennsylvania
Appeal, No. 18, 1919, by defendant, from judgment of C. P. No. 4, Phila. Co., March T., 1917, No. 1954, on verdict for plaintiff in the case of Abraham Caplan, Trading as A. H. Caplan & Company, v. Charles A. Ebel. Assumpsit to recover value of goods lost while in custody of an agent. Before Finletter, J. The facts are stated in the opinion of the Superior Court. The court directed a verdict in favor of the plaintiff and entered judgment thereon. Defendant appealed.
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Appeal, No. 18, 1919, by defendant, from judgment of C. P. No. 4, Phila. Co., March T., 1917, No. 1954, on verdict for plaintiff in the case of Abraham Caplan, Trading as A. H. Caplan & Company, v. Charles A. Ebel. Assumpsit to recover value of goods lost while in custody of an agent. Before Finletter, J. The facts are stated in the opinion of the Superior Court. The court directed a verdict in favor of the plaintiff and entered judgment thereon. Defendant appealed. Error assigned, among others, was the refusal to direct a verdict' in favor of the defendant.
1Opinion of the Court
Opinion by
Porter, J.,
The plaintiff is a manufacturer in the City of Philadelphia and the defendant a contracting teamster in the same city. They entered into a contract under the provisions of which the latter agreed to do all the trucking and hauling for the former at prices fixed. The plaintiff avers in this action that the defendant received from the Philadelphia & Reading Railway Co. a package consigned to and the property of the plaintiff, for the purpose of hauling it to the factory of the plaintiff in accordance with the provisions of their contract, and that the defendant failed to…
2Cases cited2 opinions
- Hill v. Nation Trust Co.Supreme Court of Pennsylvania · 1885
- Winter v. Iron City Stamping Co.Superior Court of Pennsylvania · 1912
3Cited by1 opinion
- Klein, Exrx. v. May Stern Co.Superior Court of Pennsylvania · 1940