Mckee v. Jamestown Baking Co‪.‬

The instant suit arises out of a collision of a bread delivery truck, belonging to and operated by the original defendant, Jamestown Baking Co., Inc., with a steel cable stretched by the third-party defendant, C. F. Burns, across Curry Avenue in the Borough of St. Marys, Elk County, Pennsylvania. The cable extended from a steel beam which the plaintiffs deceased husband, George McKee, Burns foreman, was endeavoring to have dragged across the street for use in a new building. The suit alleges that Jamestown was negligent and jurisdiction is based on diversity and jurisdictional amount. The law of Pennsylvania is, of course, applicable. The plaintiff recovered a verdict and judgment in the sum of $69,769.55 against Jamestown and Burns. Jamestown has appealed.