Howard Jamison, Administrator of the Estate of Albert Tucker, Deceased v. A. M. Byers Company

KALODNER, Circuit Judge.

Defendant A. M. Byers Company has appealed from a judgment entered pursuant to a jury’s verdict 1 in a diversity Action brought by the plaintiff, administrator of the estate of Albert Tucker, deceased, for recovery of damages under the Pennsylvania Wrongful Death 2 and Survival Acts, 3 following the District Court’s denial of its motions for judgment N.O.V., or in the alternative, for a mew trial.

Tucker, a 23-year old carpenter’s helper, employed by Allegheny Contracting Industries, Inc. (“Allegheny”), was killed on February 3, 1959 when a trench caved in while he was…