Spinozzi v. E. J. Lavino & Co.

KALODNER, Circuit Judge.

Was sufficient evidence adduced at the trial upon which a jury could have found that the defendant, employer of an independent contractor, had retained such control as to make it liable for the negligent death of an employee of the independent contractor?

That is the question presented on this appeal from the judgment of the District Court for the Eastern District of Pennsylvania ordering dismissal of the action after presentation of the evidence with respect to the liability phase of the case. The action was instituted by the plaintiff, Concetta Spinozzi,…