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SPINOZZI v. E. J. LAVINO AND COMPANY

No. 11900.

243 F.2d 80 (1957)

Concetta SPINOZZI, Administratrix of the Estate of Anthony Spinozzi, Deceased, Plaintiff, Appellant, and Pennsylvania Threshermen and Farmers' Mutual Casualty Insurance Company, Intervenor Plaintiff, v. E. J. LAVINO and COMPANY, Defendant and Third-Party Plaintiff (Russell W. MORELLO, Third-Party Defendant).

United States Court of Appeals Third Circuit.

Decided March 21, 1957.

Rehearing Denied April 30, 1957.

Attorney(s) appearing for the Case

Isadore H. Bellis, Philadelphia, Pa. (Joseph E. Gold, Bellis & Kolsby, Philadelphia, Pa., on the brief), for appellant.

Michael A. Foley, Philadelphia, Pa., for appellees.

Before BIGGS, Chief Judge, KALODNER, Circuit Judge, and KRAFT, District Judge.

KALODNER, Circuit Judge.

Was sufficient evidence adduced at the trial upon which a jury could have found that the defendant, employer of an independent contractor, had retained such control as to make it liable for the negligent death of an employee of the independent contractor?

That is the question presented on this appeal from the judgment of the District Court for the Eastern District of Pennsylvania ordering dismissal of the action after presentation...

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