HUDSON v. MOONIER

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United States Supreme Court

HUDSON v. MOONIER, (1938)

No. 938

Argued:     Decided: May 23, 1938

Messrs. Lon O. Hocker, James C. Jones, and James C. Jones, Jr., all of St. Louis, Mo., for petitioner.

PER CURIAM.

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 Railroad Company v. Tompkins, 304 U.S. 64 , 58 S.Ct. 817, 82 L.Ed. --, decided April 25, 1938. [304 U.S. 397, 398]   Certiorari is granted, the judgment is reversed, and the cause is remanded for further proceedings in conformity with this opinion.

It is so ordered.

Reversed and remanded.

Mr. Justice CARDOZO took no part in the consideration and decision of this case.

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