McGrath v. Wark & Co.

E.D. Pennsylvania

McGrath v. Wark & Co.

41 F. Supp. 18, 1941 U.S. Dist. LEXIS 2598

CourtDistrict Court, E.D. Pennsylvania

DecidedOctober 9, 1941

DocketCiv. A. No. 1469

StatusPublished

Cited by1 cases

This text of 41 F. Supp. 18 (McGrath v. Wark & Co.) is published on Counsel Stack Legal Research, covering District Court, E.D. Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

McGrath v. Wark & Co., 41 F. Supp. 18, 1941 U.S. Dist. LEXIS 2598 (E.D. Pa. 1941).

Pincite

Opinion

KALODNER, District Judge.

The motion to dismiss must be granted. The case of Swartz v. Conradis, 298 Pa. 343, 148 A. 529, is dispositive of the issue.

[19]*19See also Venezia v. Philadelphia Electric Company, 317 Pa. 557, 177 A. 25; Billo v. Allegheny Steel Company, 328 Pa. 97, 195 A. 110.

The plaintiff, who was employed by a subcontractor, is seeking to recover damages from the general contractor, for injuries suffered in the course of his employment.

The accident occurred in Philadelphia, Pennsylvania. The Pennsylvania law applies. Erie Railroad Company v. Tompkins, 304 U.S. 64, 58 S.Ct. 817, 82 L.Ed. 1188, 114 A.L.R. 1487.

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