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Commonwealth v. Olshefski

Pennsylvania District and County Court
64 Pa. D. & C. 343 (1948)


Facts

Felix Olshefski (defendant) had his driver, John Fisher, take one of Olshefksi’s trucks to the Gilberton Coal Company and have it loaded with coal. In Pennsylvania, the truck’s gross weight limit was 15,750 pounds. After Olshefski’s truck had been loaded with the coal, a weigh slip was given to Fisher indicating that the truck’s gross weight was 15,200 pounds. Fisher drove the truck to Olshefski’s home and placed the weigh slip in the truck. The following day, Olshefski went to a bank in Danville to do some business. While there, he noticed that police officers were at the northern end of the river bridge checking the weight of crossing trucks. Olshefski then returned home. Shortly thereafter, Olshefski drove his truck loaded with coal to the northern end of the river bridge on his way to the Danville’s scales for the purpose of having it weighed. To sell the coal in Danville, a city ordinance required that the seller have a Danville weigh slip. Before reaching the scales, however, he was directed by a police officer to a different set of scales. After his truck was weighed, Olshefski was handed a weigh slip indicating a gross weight of 16,015 pounds, 265 pounds over the limit. The police officer cited Olshefski with a violation of the state’s Vehicle Code and the matter was presented for disposition in court.

Rule of Law

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Issue

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Holding and Reasoning (Kreisher, J.)

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  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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