Swartz v. Eberly

FREEDMAN, District Judge.

Plaintiff has brought a wrongful death and survival action as the administratrix of the estate of her deceased son, a boy 13 years of age, who was fatally injured on November 30, 1961. The accident occurred at about 5:30 P.M. while he was walking along the south berm of U. S. Route 30, approximately five miles west of the City of Lancaster. He was struck by a motor vehicle owned and operated by the defendant, Eberly, who at the time was acting in the course and scope of his employment as the servant of another defendant, Herr & Co., Inc. Recovery is sought against…