Rosu v. Law

McLAUGHLIN, Circuit Judge.

This is a negligence case in which, on January 9, 1950, in the City of Philadelphia, Pennsylvania, a tractor owned and operated by defendant, John Law, struck and killed plaintiff’s decedent. Liberty Motor Freight Lines, Inc. and Blue Star Foods, Inc., were made defendants with Law on the theory that he was the agent or servant of either or both at the time of the accident. At the trial, Law admitted his negligence and all parties agreed that plaintiff’s damages be fixed at $40,000. The sole trial issue, as stipulated by the parties, was whether Liberty or Blue Star,…