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EMPLOYERS' LIABILITY ASSUR. CORPORATION v. COLUMBUS McKINNON CHAIN CO.

13 F.2d 128 (1926)

EMPLOYERS' LIABILITY ASSUR. CORPORATION, Limited, v. COLUMBUS McKINNON CHAIN CO.

District Court, W. D. New York.

April 30, 1926.

Attorney(s) appearing for the Case

Ulysses S. Thomas, of Buffalo, N. Y. (Ralph W. Dox, of Buffalo, N. Y., of counsel), for plaintiff.

Mitchell & Staples, of Buffalo, N. Y., for defendant.

HAZEL, District Judge.

Plaintiff insured the Retsof Mining Company under the Workmen's Compensation Act of this state (Consol. Laws, c. 67), and thereafter, and on April 19, 1923, three of its employees were killed when a chain they had been using to lower a large casting into a pit broke and caused the casting to fall. The awards out of the policy of insurance were paid, and plaintiff, under section 29 of the Workmen's Compensation Act, became subrogated to any rights...

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