Legal Opinion
Byrne v. Simco Sales Service of Penna., Inc.
District Court, E.D. Pennsylvania
Decided January 7, 1960No. Civ. A. No. 23885PublishedCited by 1 opinion
1Opinion of the Court
EGAN, District Judge.
The administratrix of a minor decedent is suing under the Pennsylvania wrongful death act, 12 P.S. §§ 1601, 1602, and under the Pennsylvania survival act, 20 P.S. § 320.603. Jurisdiction of this court derives from diversity of citizenship.
The decedent was killed while driving the defendant company’s truck under a lease agreement whereby the decedent used the truck to sell ice cream products supplied to him by the defendant. The *570plaintiff charges the defendant with failure to maintain the truck in safe operating condition.
The defendant’s answer, for its fourth defense,…
2Cases cited9 opinions
- Kaczorowski v. KalkosinskiSupreme Court of Pennsylvania · 1936
- Brown v. MooreCourt of Appeals for the Third Circuit · 1957
- Crew v. Bradstreet Co.Supreme Court of Pennsylvania · 1890
- Morton v. Ambridge BoroughSupreme Court of Pennsylvania · 1954
- Atherton v. Clearview Coal Co.Supreme Court of Pennsylvania · 1920
4 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Jones v. DresselSupreme Court of Colorado · 1981