Wagner v. Grannis

OPINION

WEBER, District Judge.

This is a diversity negligence action for wrongful death under Pennsylvania law. Its difficulties arise out of an attempt to impose liabilities on third parties for the death of a workman where statutory liability has been placed upon the employer regardless of negligence on his part. The awards under such compensation acts are often considered inadequate, and less than can be realized in a suit based upon negligence tried before a jury. The beneficiaries of the deceased plaintiff risk nothing, because they are entitled to the statutory award; the employer or his…