Hopkins v. E. I. Du Pont De Nemours & Co.

HASTIE, Circuit Judge.

This is the second appeal to this court in a diversity case under the Pennsylvania wrongful death and survival acts, 12 P.S. § 1601 et seq., 20 P.S. § 320.601 et seq. The first appeal is reported at 199 F.2d 930. The decedent met his' death in a highway construction accident as the result of a premature explosion of dynamite, manufactured by the defendant and sold to the decedent’s employer, a road building contractor, for use in blasting. At the second trial a jury found the defendant manufacturer responsible for the accident. The defendant has appealed.

The decedent was…