Millard v. Municipal Sewer Authority of Lower Makefield

OPINION OF THE COURT

Plaintiff appeals in this diversity action from a judgment entered on a jury verdict, which, through special interrogatories, absolved the original co-defendants of liability and found that the negligence of his employer, the third-party defendant, was the proximate cause of plaintiff's decedent's death,1 314 F.Supp. 1315.

He died of injuries received when struck by the boom or bucket of a backhoe while working in a sanitary sewer trench. Uncontradicted evidence disclosed that the operator of the equipment had ceased work for the day and had stowed the backhoe on solid…