Jackson D. Magenau, Administrator of the Estate of Norman Ormsbee, Jr., Deceased v. Aetna Freight Lines, Inc.

GOODRICH, Circuit Judge.

This is an appeal from the District Court for the Western District of Pennsylvania upon a judgment entered in a death by wrongful act case in favor of the administrator of Norman Ormsbee, Jr. The recovery was based on the alleged negligence of the defendant and there was also a finding by the jury that the defendant was guilty of “wanton conduct.” The defendant attacks the verdict and judgment on several grounds. The case is in federal court by diversity only and we look to the relevant Pennsylvania decisions.

The first question involves points of tort and agency law-…