John Iwaniuk, Administrator of the Estate of David Arthur Davis, Deceased v. Bethlehem Steel Corporation

DUFFY, Senior Circuit Judge.

This is a suit under the Indiana Wrongful Death Act (Burns’ Ind.Stat. § 2-404), to recover damages for the death of plaintiff’s decedent. The defendants are Youngstown Sheet & Tube Company (Youngstown) as owner of the building and property, and Bethlehem Steel Corporation (Bethlehem), the structural steel contractor.

On March 25,1964, David Davis who is plaintiff’s decedent, was fatally injured in a fall from a building under construction at the plant of Youngstown at East Chicago, Indiana.

At the commencement of the trial, the suit was dismissed as to Youngstown on…