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SOUTHWESTERN GAS & ELECTRIC CO. v. ROGERS

No. 5686.

37 F.2d 708 (1930)

SOUTHWESTERN GAS & ELECTRIC CO. v. ROGERS.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied March 7, 1930.

Attorney(s) appearing for the Case

Allen Wight, of Dallas, Tex., and George Prendergast, of Marshall, Tex. (F. H. Prendergast, of Marshall, Tex., on the brief), for appellant.

E. P. Price, of Tyler, Tex. (Bozeman & Cathey, of Quitman, Tex., and Butler, Price & Maynor, of Tyler, Tex., on the brief), for appellee.

Before WALKER, BRYAN, and FOSTER, Circuit Judges.

FOSTER, Circuit Judge.

Appellee recovered damages for the death of her husband, alleged to have been caused by the negligence of appellant. There was evidence tending to show that John Rogers, the deceased, was a steeplejack, and at the time of the fatal accident was engaged in repairing and painting a water tank, elevated about 60 feet, and tower, owned by the town of Quitman, in Wood county, Texas, under a contract with...

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