Hileman v. Falck
Supreme Court of Pennsylvania
Appeal, No. 185, Oct. T., 1918, by plaintiff, from judgment of O. P. Allegheny Co., April T., 1917, No. 1439, on verdict for defendant in case of Henry Hileman v. E. W. Falck. Trespass to recover damages for alleged unlawful taking and conversion of a steam roller. Before Shaper, J. Verdict for defendant and judgment thereon. Plaintiff appealed. Error assigned was the charge of the court.
1Opinion of the Court
Opinion by
Mr. Justice Walling,
This was an action of trespass for the alleged unlawful taking and use of a steam roller, plaintiff and defendant were separately engaged in road construction in Allegheny County, the former residing at Glenfield and the latter at Leetsdale. In the early fall of 1915, plaintiff went to California and returned in December. He was the owner of a large steam roller and before starting for California rented it to one Toner Barr for use on a certain road, which the latter was building near Leetsdale. It was stipulated that the roller should be in charge of George…
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