Ferrick Excavating & Grading v. Senger Trucking Co.

Summary

The Pennsylvania Superior Court reversed the trial court's grant of a new trial in a negligence action arising from damage to equipment during transport. The court held that no bailment relationship existed, so no bailment instruction was required, and that the jury's seemingly inconsistent answers to special interrogatories could be reconciled by molding the verdict to reduce the damages award by 20% for contributory negligence, resulting in an award of $24,400.