Swan v. United GMC Truck, Inc.
Swan v. United GMC Truck, Inc.
Opinion of the Court
Opinion by
We are here concerned with a joint action in assumpsit arising out of two bailments. The corporate defendant, United GMC Truck, Inc., operates a motor vehicle repair shop in Luzerne County. The individual defendant, Samuel Ruggere, is president of the corporation and manager of its place of business. On March 17, 1958, plaintiffs, Ralph F. Swan and William F. Purcell, placed in the shop for minor repairs a Dodge tractor and a Ford truck. The complaint avers that the next day each plaintiff “went to defendants’ said repair shop to obtain” his respective motor vehicle and found that it “had been extensively damaged by fire”. At the conclusion of the testimony of the two plaintiffs, defendants’ motion for a compulsory nonsuit was denied. Ruggere and three other Avitnesses thereupon testified for the defendants. The trial judge then refused defendants’ point for charge, and directed the jury to return verdicts for the plaintiffs in amounts, respectively, of $1,580.00 and $1,065.00.
The application of the foregoing principles to the situation revealed by the instant record clearly requires a reversal of the judgments below. In the first place, it was developed in the bailors’ case that the motor vehicles were damaged in a fire which was general in character, and the bailors did not attempt to show negligence on the part of the bailees. In the second place, the bailees established by their evidence that a general fire had occurred without fault on their part. The bailors offered no rebuttal.
At the trial, counsel for the bailors read into evidence the allegations of the complaint admitted by the bailees, including the allegation that the bailed motor vehicles had been extensively damaged by fire. These
The individual appellant testified as follows: “Q. What, if anything, happened on that day? A. Well, about 10:30 that morning we walked across the street to the diner for a cup of coffee and while we were in the diner and I sat down to drink my coffee I saw a red reflection in front of me in the pie case, I turned around and noticed there were flames in the garage. I immediately ran out of the diner and across the street to the garage . . . Q. What did you do then, Mr. Ruggere? A. When I ran into the show-room the man who was on duty was at the telephone . . . We tried to get into the service department where the fire was but there was too much smoke in there and we weren’t able to get inside”. James W. Coates, a member of the appellant firm, testified as follows: “Q. On March 17, 1958, what happened? A. We had a very serious fire at our garage. Q. Were you there? A. Yes, sir, it burned our shop down. Q. Was Mr. Swan’s tractor involved in this fire? A. Yes, sir. Well, no, it wasn’t involved due to the fact the fire Avas in this corner of our garage Avhich Avas 44 by 54 and Mr. SAvan’s tractor Avas up in back of our parts and sIioav room . . . The fire got started, Ave never started it, something happens, but whatever happened we don’t knoAV . . . We didn’t cause it or start it or nothing”.
In our view of the case it is unnecessary to consider appellants’ contentions that the lower court erred in refusing the motion for a new trial, and in entering judgment against the individual defendant. In the latter connection see Weimer v. Bockel, 128 Pa. Superior Ct. 385, 194 A. 318.
Judgments reversed and here entered for the respective appellants.
The opinion below, written by the trial judge, contains the following statement: “The amount of the damages was agreed upon”.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.