Buchholz v. Michigan Motor Freight Lines, Inc.

PICARD, District Judge.

This case presents an interesting question and on which no direct authorities have come to our attention.

Findings of Fact

Plaintiff, Elizabeth C. Buchholz, executrix of the estate of Otto L. Buchholz, deceased, brings action against Michigan Motor Freight Lines, Inc., defendant, based on an automobile accident resulting in the death of Otto L. Buchholz, allegedly caused by negligence of defendant’s driver. Under Rule 14 Fed.Rules Civ. Proc. 28 U.S.C.A., defendant now desires to implead its own driver as a third-party defendant on the theory that said driver “is or may be…