Lewis v. Smith

SUGERMAN, J.,

Plaintiffs, trustees in bankruptcy for the Reading Company (Reading), filed an action in replevin seeking a judgment for possession of one 1973 Chevrolet pick-up truck. Defendant, by answer, asserts a possessory lien in the vehicle for the storage thereof,1 and with the issue so joined, the matter *184was tried by a judge sitting without a jury: Pa. R. C. P. 1097 (eff. Oct. 1, 1975) and 1038, limited to the question of Reading’s right to the possession of the vehicle.

FINDINGS OF FACT

1. Sometime prior to July, 1973, Reading leased a 1973 Chevrolet pick-up truck from the owner thereof,…