Ropos v. Long Transportation Co.

GOURLEY, Chief Judge.

This is an action for damages based on negligence.

Defendant is an interstate motor carrier which operates, inter alia, through a franchise issued by legal authority. At the time of the accident, through order .and direction of defendant, operator of vehicle was proceeding to point of origin to secure cargo for delivery outside of Pennsylvania.

Motion to dismiss complaint is filed by defendant based on legal thesis that defendant was not the owner or operator of the vehicle, nor was the operator an agent of the defendant.

A motion to dismiss a complaint must be viewed in the…