Tom C. Clark

“ As we said in that case 'An essential characteristic of (the federal system) is the manner in which, in civil common-law actions, it distributes trial functions between judge and jury * * * (assigning) the decisions of disputed questions of fact to the jury.' Byrd v. ”

“ 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. [1] Petitioner's theory was that his decedent was an invitee on the tractor-trailer, and that Fidler and his driver, Schroyer, therefore, owed decedent a duty of due care for breach of which respondent was liable under its I.C.C. certificate. ”

“ Unless these are carefully prepared, contain appropriate references to the record, and present with studied accuracy, brevity, and clearness whatever is essential to ready and adequate understanding of points requiring our attention, the rights of interested parties may be prejudiced and the court will be impeded in its efforts properly to dispose of the causes which constantly crowd its docket.' Furness, Withy & Co. ”

“ 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 [12] has made it apparent that neither statement is correct. ”

“ In his opinion on the motion of respondent for judgment non obstante veredicto, he observed that 'the interrogatory * * * was not so phraed as to require the jury to determine whether decedent was an employee of Aetna.' Rather, it 'was simply to secure a finding from the jury as to the reasonable necessity of Schroyer engaging decedent.' D.C., 161 F.Supp. at page 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. ”