of Civil Procedure by defendants, Thomas C. and Louise H. Medford.
The plaintiff, Lawrence M. Burnett, a minor, brought the principal action against the Medfords and one Robert C. Tome as joint venturers alleging negligence. The Medfords allege that Tome is not a joint venturer but rather an independent contractor and as such is solely responsible to the plaintiff.
The action arises out of an accident involving the plaintiff on the dairy farm owned by the Medfords. The injury occurred when the plaintiff, upon the invitation of an employee working on the farm, fell from a tractor and manure spreader upon which he was riding.
The Medfords own the buildings on the farm, the milking machinery on it, and the herd of dairy cattle as well as the farm land. They did not, however, oversee the every day operations of the farm. The co-defendant, Robert C. Tome, owned the other farm equipment used, and paid for half of the feed, veterinary bills, and seed. In addition, he ran the farm on a day to day basis. It was he that hired the employee who invited the plaintiff to ride on the farm equipment. Both Tome and the Medfords divided the gross proceeds from the sale of milk.
The Medfords make the present motion on the basis of depositions taken from Thomas C. Medford and Robert C. Tome.
In their respective depositions both defendants make statements relating to their parol agreement to run the farm. Since this is the only direct evidence of such an agreement, the Medfords contend that this court can rule as a matter of law that the requisite intent to create a joint venture was not present, and accordingly grant a summary judgment on their motion.
The well settled principles applicable to summary judgment proceedings are stated in Krieger v. Ownership Corporation, 270 F.2d 265 (3rd Circuit, 1959) p. 270:
(One) "Summary judgment may be granted only if the pleadings, depositions, admissions on file and affidavits '* * * show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law'. Fed.R.Civ.P. 56(c).