Coyne v. Marquette Cement Manufacturing Co.

MARSH, District Judge.

In this diversity action the administrator of the estate of James J. Barber, deceased, sued Marquette Cement Manufacturing Company, Inc. (Marquette) and Dravo Corporation (Dravo) under the Pennsylvania Wrongful Death and Survival Acts, alleging that the decedent’s death was caused by the joint and several negligence of the defendants, Marquette and Dravo. Each defendant denied liability, and each affirmatively pleaded contributory negligence on the part of decedent. In addition, Dravo alleged that it was a statutory employer of the decedent under the Pennsylvania…