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WHATLEY v. ANDERSON-TULLY CO.

No. 4601.

12 F.2d 268 (1926)

WHATLEY, v. ANDERSON-TULLY CO.

Circuit Court of Appeals, Fifth Circuit.

March 8, 1926.

Attorney(s) appearing for the Case

J. F. Barbour, of Yazoo City, Miss., and A. A. Chaney, of Vicksburg, Miss. (R. M. Kelly, of Vicksburg, Miss., on the brief), for plaintiff in error.

R. L. Dent of Vicksburg, Miss. (M. D. Landau, of Vicksburg, Miss., on the brief), for defendant in error.

Before WALKER and FOSTER, Circuit Judges, and GRUBB, District Judge.

WALKER, Circuit Judge.

This was an action by the plaintiff in error, as plaintiff, against the defendant in error, as defendant, to recover damages for the death of plaintiff's minor son, an employee of the defendant, whose death was attributed to the negligence of the defendant in permitting the space used by employees in going to a fire maintained for their use to be unsafe. At the conclusion of the evidence the court instructed...

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