Ferrick Excavating and Grading Company v. Senger Trucking Company

Ferrick Excavating (hereinafter Ferrick) brought this action against Senger Trucking (hereinafter Senger) to recover for damage done to its 1974 Fiat-Allis Chalmers High Lift, while it was being transported on a truck owned and operated by Senger. A jury sitting in the Court of Common Pleas of Erie County returned a verdict for Ferrick in the amount of $30,500. Sengers post trial motion for a new trial was granted by the court en banc on the grounds that the verdict slip was irreconcilably inconsistent and that the court erred in not charging the jury on the law of gratuitous and mutual benefit bailment, but only on the law of ordinary negligence. Superior Court reversed the grant of a new trial, but ordered a remittitur of 20% of the verdict, holding as a matter of law that no bailment was created in this case, and therefore no instruction on bailment was required; and also that a verdict will be molded when the jurys intent is clear, as it was, according to Superior Court, in this case, but there was some confusion in the jurys filling out of forms.