Harry W. Boettger v. The Babcock & Wilcox Company

HASTIE, Circuit Judge.

The judgment from which this appeal was taken was entered for The Babcock & Wilcox Company, defendant below, upon its motion for summary judgment in an action for negligent personal injury. The claim arose out of an industrial accident in Pennsylvania and the suit is within federal jurisdiction solely as a diversity case. Decision below turned upon the trial court’s conclusion that the defendant was either the employer or, under the Pennsylvania Workmen’s Compensation Act, 77 P.S.Pa. § 1 et seq., the “statutory employer” of the plaintiff, Boettger, and, therefore, was…