Siegel v. Slaney

OPINION OF THE COURT

FREEDMAN, Circuit Judge.

We are presented on this appeal with the rare case where both parties join in seeking reversal of the decision below.

Plaintiff is the administrator of the estate of a decedent who died on October 20, 1966, a day after he was struck by a passenger car driven by George R. Slan-ey. The administrator sued Slaney under Pennsylvania’s wrongful death and survival statutes1 and later amended the complaint to include as a defendant Con*177tinental Transportation Lines, Inc., whose truck the administrator claimed had been negligently left standing on the highway…