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MAGENAU v. AETNA FREIGHT LINES

No. 439.

360 U.S. 273 (1959)

MAGENAU, ADMINISTRATOR, v. AETNA FREIGHT LINES, INC.

Supreme Court of United States.

Decided June 15, 1959.

Attorney(s) appearing for the Case

Harry L. Shniderman argued the cause for petitioner. With him on the brief were M. Fletcher Gornall, Jr. and William W. Knox.

William F. Illig argued the cause for respondent. With him on the brief was John E. Britton.

MR. JUSTICE CLARK delivered the opinion of the Court.

This is a diversity case for wrongful death of petitioner's decedent, who was killed when a tractor-trailer leased by respondent crashed off a Pennsylvania highway. The action was tried to a jury on a negligence theory and judgment went for petitioner. 161 F.Supp. 875. The Court of Appeals reversed, finding that under Pennsylvania law the decedent was an employee of respondent...

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