Ferrick Excavating & Grading v. Senger Trucking Co.

BECK, Judge:

The Erie County Court of Common Pleas en banc granted a motion for a new trial to appellee Senger Trucking Company, on the basis of inconsistency in the jury verdict and error in the trial court’s charge, and Ferrick Excavating and Grading Company appeals the order.

In March 1978, Ferrick Excavating entered into an oral agreement with Senger Trucking to transport Ferrick Excavating’s wheeled high lift on Senger Trucking’s trailer from Erie to a job site in Fairview. No compensation was discussed at the time the agreement was made, although Ferrick Excavating testified that if a…