The liability of the lessor of a truck for personal injuries to
a third party, in its operation, due to lessor's breach of a duty
to maintain it in safe condition, depends upon the lex loci
delicti. Erie Railroad v. Tompkins, ante
304 U. S. 64
Certiorari granted; 94 F.2d 193 reversed.
Petition for certiorari to review a judgment affirming a
recovery in an action for personal injuries, which had been removed
from a state court.
Respondent brought this suit to recover damages for personal
injuries alleged to be due to the defendants' negligence. He was
struck by a truck which was operated without proper equipment, in
that it had no horn or other signaling device. He sued the driver
and also the person who had leased the truck to the driver's
employer upon the ground that the lessor who charged with the duty
of maintaining the truck in a reasonably safe condition.
Judgment against both defendants was affirmed by the Circuit
Court of Appeals. The court treated the question of the liability
of the lessor as one of general law. The court should have applied
the law of Missouri where the injury occurred. Erie R. Co. v.
p. 304 U. S. 64
Page 304 U. S. 398
Certiorari is granted, the judgment is reversed, and the cause
is remanded for further proceedings in conformity with this
MR. JUSTICE CARDOZO took no part in the consideration and
decision of this case.