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WHITEHURST v. STANDARD OIL CO.

No. 4545.

8 F.2d 728 (1925)

WHITEHURST v. STANDARD OIL CO.

Circuit Court of Appeals, Fifth Circuit.

October 20, 1925.

Attorney(s) appearing for the Case

R. A. Hendricks, of Nashville, Ga. (H. W. Nelson, of Adel, Ga., and Hendricks & Hendricks, of Nashville, Ga., on the brief), for appellant.

Hughes Spalding, of Atlanta, Ga. (Patterson & Copeland, of Valdosta, Ga., and King, Spalding, MacDougal & Sibley, of Atlanta, Ga., on the brief), for appellee.

Before WALKER, BRYAN, and FOSTER, Circuit Judges.

BRYAN, Circuit Judge.

This is a suit to recover damages for a personal injury sustained by Acy Whitehurst, plaintiff below. Prior to his injury, plaintiff had been employed by defendant as its agent in the distribution of gasoline and kerosene at one of its stations, where it maintained four large tanks. A ladder extended from the ground to the top of each of these tanks, and it was a part of plaintiff's duties to ascend the ladders and go upon the tanks about once...

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