Edward W. Eichmann, Administrator of the Estate of Harry J. Lobnitz, Jr., Deceased v. Richard P. Dennis

WILLIAM F. SMITH, Circuit Judge.

This action, under the Wrongful Death Act of Pennsylvania, 12 P.S. §§ 1601 and 1602, was brought on behalf of the parents of the decedent. 1 The first trial resulted in a directed verdict and judgment in favor of the defendant Commercial Concrete Company, Inc., 2 and a jury disagreement as to the defendant Dennis. The second trial resulted in a verdict and judgment in favor of the defendant Dennis. The present appeal is from this judgment; the plaintiff does not challenge the judgment entered in favor of the Company in the earlier trial.

The decedent, while…