HUDSON ET AL.
v.
MOONIER
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 was charged with the duty of maintaining the truck in a reasonably safe condition.
Judgment against both defendants was affirmed by thé 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. Tompkins, ante, p. 64. Certiorari is granted, the judgment is reversed, and the cause is remanded for further proceedings in conformity with this opinion.
Reversed.
Mr. Justice Cardozo took no part in the consideration and decision of this case.
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Egan Chevrolet Co. v. Bruner (three cases), 102 F.2d 373 (8th Cir. 1939)…., 94 F. 2d 132 (reversed because of Erie R. Co. v. Tompkins, 304 U.S. 64, 58 S.Ct. 817, 82 L.Ed. 1188, 114 A.L.R. 1487, on the ground that the case was decided without regard to what might be the common law of Missouri, where the accident occurred, 304 U.S. 397, 58 S.Ct. 954, 82 L.Ed. 1422), affirmed on reargument, 8 Cir., 102 F. 2d 96, opinion filed March 6, 1939. A retail dealer who takes a used truck in trade and undertakes to repair and recondition it for resale for use upon the public highways owes a…
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