Magenau v. Aetna Freight Lines, Inc.
Magenau v. Aetna Freight Lines, Inc.
Opinion of the Court
delivered the opinion of the Court.
This is a diversity case for wrongful death of petitioner’s decedent, who was killed when a tractor-trailer leased by respondent crashed off a Pennsylvania highway. The action was tried to a jury on a negligence theory and judgment went for petitioner. 161 F. Supp. 875. The Court of Appeals reversed, finding that under Pennsylvania law the decedent was an employee of respondent and that the Pennsylvania Workmen’s Compensation Act, Purdon’s Pa. Stat. Ann., 1952, Tit. 77, provided the exclusive remedy. 257 F. 2d 445. We granted certiorari, 358 U. S. 927, on the question whether, in the light of Byrd v. Blue Ridge Rural Electric Cooperative, Inc., 356 U. S. 525 (1958) (decided after this case was argued, in the Court of Appeals), the matter of the relationship of the decedent to respondent was a jury question. We have concluded that Byrd does control that issue and that the judgment must therefore be reversed.
Respondent is an interstate motor carrier of freight certificated under the Interstate Commerce Act. It had leased a tractor-trailer, complete with driver,, from one Fidler, an' independent contractor. Its lease contract, which had been in effect for four years, required Fidler to furnish the driver as well as to keep the leased equipment in repair. In this connection the evidence indicates that Fidler had authorized his driver, where circumstances required, to hire services and purchase necessities on trips of this kind. • The vehicle and driver leased by respondent were en route from Syracuse, N. Y., to Midland, Pa., with 36,000 pounds of steel'when the mishap leading to
This action ensued, in which petitioner alleged neglir gence on the part of Fidler and respondent for continuing to operate the vehicle with knowledge. of its defective brakes. Liability, of respondent was rested upon the rule that its status as a certificated carrier made it liable for the negligence of Fidler, its independent contractor, whose motor equipment was operated under the former’s I. C. C. certificate. ■ This is the law of Pennsylvania, Kissell v. Motor Age Transit Lines, 357 Pa. 204, 209, 53 A. 2d 593, 597.
Interrogatory No. I,
Since the keystone of the Court of Appeals’ holding depends on its interpretation of Special Interrogatory No. 1, we note the views of the trial judge on that issue. In his opinion on the motion of respondent for judgment non obstante verdicto, he observed that “the interrogatory . . . was not. so phrased as to require the jury to determine whether decedent was an employe'e of Aetna.” Rather, it “was simply to secure a finding from the jury as to the reasonable necessity of Schroyer engaging decedent.’’ 161 F. Supp., at 878. Likewise during the trial, in a colloquy with counsel as to this interrogatory, he advised: “[Y]ou notice there I refrain from saying just what his [decedent’s] status is. I don’t think it necessary to have the jury find whether he was employed or not; I think that is a question for the law.” On balance we believe that an examination of the record supports this interpretation of Interrogatory No. 1, although it must be admitted that the apparently inadvertent use of the. words in “protection of the defendant’s interest” in the interrogatory may have been taken in a different light by the jury.
Reversed and remanded.
Also see 49 Stat. 557, as amended, 49 U. S. C. § 315, which provides that a certificate holder must carry insurance to satisfy any final judgment for injuries due to the “negligent . . . use of motor véhicles under such certificate.”
“Interrogatory Number 1. Under the evidence in this case, do you find that an unforeseen contingency arose which made it reasonably necessary for the protection of the defendant’s interests that the driver Charles Schroyer engage the decedent Norman Ormsbee, Jr. to accompanying him for the remainder of the trip?”
Section 104 of the Pennsylvania Workmen’s Compensation Act, Purdon’s Pa. Stat. Ann., 1952, Tit. 77, § 22, Cum. Supp., provides:
“The term ‘employe,’ as used in this act is declared to be synonymous with servant, and includes—
“All natural persons who perform services for another for a valuable consideration, exclusive of persons whose employment is casual in character and not in the regular course of the business of the employer, and exclusive of persons to whom articles or materials are given out to be made up, cleaned, washed, altered, ornamented, finished, or repaired, or adapted for sale in the worker’s own home, or on other premises, not under the control or management of the*277 employer. Every executive officer of a corporation elected or appointed in accordance with the charter and by-laws of the corporation, except elected officers of the Commonwealth or any of its political subdivisions, shall be an employe of- the corporation.”-
Dissenting Opinion
The issues in this case have had a shifting history. Today the problem of the case appears to be cast into these questions: was the issue of decedent Ormsbee’s employment submitted to the jury and, if not, should it have been? But at trial the evidence massed on both sides was to prove or disprove that decedent was a trespasser. In the course of showing he was something other than a trespasser, petitioner introduced evidence which tended to prove that decedent was in fact a temporary employee of respondent, hired by the truck driver to aid in an emergency. Respondent countered by urging that the evidence introduced by petitioner, if believed, proved decedent was an employee of Aetna and therefore, under applicable Pennsylvania law, deprived petitioner of a common-law remédy against Aetna. The- trial judge, believing employment to be a question of law, reserved until after the verdict a ruling on the effect of the Penn
“Under the evidence in this case, do you find that an unforeseen contingency arose which made it reasonably necessary for the protection of the defendant’s interests' that the driver Charles Schroyer engage the decedent Norman Ormsbee, Jr. to accompany him for the remainder of the trip?”
The jury also returned a general verdict for petitioner.
In his opinion refusing Aetna’s motions for a new trial or judgment notwithstanding the verdict, the -trial judge reasoned that the Pennsylvania Act did not bar petitioner’s recovery at common law because the nature of decedent’s employment did not, under the Pennsylvania decisions, bring him under the Workmen’s Compensation Act. 161 F. Supp. 875. The Court of Appeals disagreed With the trial judge’s interpretation of the interrogatory, of the Pennsylvania statute and of the decisions thereunder. Reviewing the jury’s verdict for decedent’s administrator, that court held that the affirmative answer to the interrogatory necessitated a finding that decedent • was an employee of Aetna, within the definition of that status in the Pennsylvania Act and that therefore the only remedy was under that Act. 257 F. 2d 445. In so doing, the court was applying to facts as found by a jury the law made applicable to the parties to this action by Erie R. Co. v. Tompkins, 304 U. S. 64, and the Rules of Decision Act, 28 U. S. C. § 1652.
But suppose it be correct to conclude that the Court of Appeals erred'in its opinion that the jury resolved all relevant factual inquiries. Still the petitioner has no case
Certiorari was granted upon a petition, which ■ urged that-the Court of Appeals had so ruled as to deprive petitioner of the right to a jury determination of employment status and thus that the case raised the same basic question: as that dealt with by this Court in Byrd. More particular consideration than could be expected to be given to the petition for certiorari
“If it be suggested that as much effort and time as we have given to the consideration of the alleged conflict would have enabled us to dispose of the case before us on the merits, the answer is that' it is very important that we be consistent in not granting the writ of certiorari except in cases involving principles the settlement of which is of importance to the public as distinguished from that of the parties, and in cases where there is a real and embarrassing con*285 flict of' opinion and authority between the circidt courts of appeal. The present case certainly comes under neither head.”13
And so, since upon full consideration of this case it becomes clear that the complained-of error was probably not committed and that in any event petitioner is not in a position to assert it, due regard for the controlling importance of .observing the conditions for the proper, exercise of our discretionary jurisdiction requires that the writ of certiorari should be dismissed as improvidently granted.
See, e. g., Labor Board v. Pittsburgh S. S. Co., 340 U. S. 498, 502-503; Federal Trade Comm’n v. American Tobacco Co., 274 U. S. 543.
Railroad Comm’n v. Pullman Co., 312 U. S. 496, 499; Reitz v. Mealey, 314 U. S. 33, 39; MacGregor v. State Mutual Life Assurance Co., 315 U. S. 280, 281; Helvering v. Stuart, 317 U. S. 154, 162-163, modified on other grounds, 317 U. S. 602; Palmer v. Hoffman,
Cf. Ex parte Peterson, 253 U. S. 300, 310: “The limitation imposed by the [Seventh] Amendment .is merely that enjoyment of the right of trial by jury, be not obstructed, and that the ultimate determination of issues of fact by the jury be not interfered with.”
See Scott, Trial by Jury and the Reform of Civil Procedure, 31 Harv. L. Rev. 669, 684-686 (1918).
“The Court: In other words, the finding of trespasser is a conclusion of law.
“Mr. Knox (attorney for petitioner): The' same as employees.” Transcript of Record, p. 173a.
“The Court: I don’t think it is necessary to have the jury find whether he was employed or not; I think that is a question for the law.”. Transcript of Record, p. 169a.
See, e. g., Pennsylvania R. Co. v. Minds, 250 U. S. 368, 375; Shutte v. Thompson, 15 Wall. 151, 164.
Fed. Rules Civ. Proc., 49, 51.
“We are not aided by oral arguments -and necessarily -rely in an especial way upon petitions, replies and supporting briefs. Unless these are carefully’ prepared, contain appropriate references to the record and- present with studied accuracy, brevity and clearness
See Dick v. New York Life Ins. Co., 359 U. S. 437, 447 (dissenting opinion).
Rules of the Supreme Court of the United States, Rule 19.
Layne & Bowler Corp. v. Western Well Works, Inc., 261 U. S. 387.
Dissenting Opinion
Plenary consideration of this case, and indeed the opinion of the majority o'f this Court, have made it clear that the Court of Appeals dealt with the factual issues, involved on the basis of a concession by the respondent and the jury’s answer to Interrogatory No. 1. ' It is therefore'now apparent that this case presents no. question concerning the classification of these issues as for the court or for the jury under the decision in Byrd v. Blue Ridge Rural Cooperative, Inc., 356 U. S. 525, and that the premise on which we granted certiorari was accordingly a mistaken one. And whether or not the Court of Appeals in acting as it did was correct, in .its assessment of the trial record is certainly not a matter justifying the exercise of .our certiorari power within the criteria of Rule 19. I therefore agree with my Brother Frankfurter that the writ of certiorari should be dismissed as improvidently granted, and join in his dissenting opinion.
Even if a Byrd issue could be considered as properly presented, the most that should be done is to remand the
Reference
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- Magenau, Administrator, v. Aetna Freight Lines, Inc.
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