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304 U.S. 397

82 L. Ed. 1422

Docket No. 938.

Hudson v. Moonier

Supreme Court of the United States

Decided May 23, 1938.

Supreme Court of the United States · decided 1938-05-23

2 counsel of record

Key passage — most relied on by later courts

“court treated the question of the liability of the lessor as one of general law”

quoted by 1 later decision, including Hudson v. Moonier

“should have applied the law of Missouri where the injury occurred.”

quoted by 1 later decision, including Hudson v. Moonier

Relies on Erie Co v. Tompkins · State of Oklahoma Johnson v. Cook

Good law ✅— No negative treatment on recordhow we know

Reversed · 8–0 · Decided 1938-05-23

How this case has been cited

Cited by 31 later decisions (2 by the Supreme Court) — most recently January 1972 · most notably Susan Passwaters, by Donald Passwaters, Her Father and Next Friend, and Donald Passwaters v. General Motors Corporation (1972), Schumacher v. Leslie (1950)

19 federal appellate · 8 state decisions

16019381940195019601970decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

¶1Messrs. James C. Jones, Lon O. Hooker, and James C. Jones, Jr. were on a brief for petitioners.

¶2Mr. Mark D. Eagleton entered an appearance for respondent. -

¶3Per Curiam.

¶4Respondent 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.

¶5Judgment 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.

¶6*398Certiorari is granted, the judgment is reversed, and the cause is remanded for further proceedings in conformity with this opinion.

¶7Reversed.

¶8Mr. Justice Cardozo took no part in the consideration and decision of this case.

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