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SWIFT CO. v. DALY

No. 6112.

44 F.2d 40 (1930)

SWIFT & CO. v. DALY.

Circuit Court of Appeals, Ninth Circuit.

October 13, 1930.

Attorney(s) appearing for the Case

John K. Claxton and A. C. McDaniel, both of Butte, Mont., for appellant.

R. Lewis Brown, George R. Maury, and Lowndes Maury, all of Butte, Mont., for appellee.

Before DIETRICH and WILBUR, Circuit Judges, and WEBSTER, District Judge.

WILBUR, Circuit Judge.

This action was brought by the administratrix of the estate of Stewart Daly to recover damages for the injury and death of said Stewart Daly. It is alleged that on August 24, 1928, the deceased received an injury from which he died four days later. At the time that he received the injury he was eleven years and eight months old. At the time deceased was injured he was assisting in the removal of an old refrigerating plant from the basement of...

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