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PHILYAW v. ARUNDEL CORPORATION

No. 3135.

51 F.2d 183 (1931)

PHILYAW v. ARUNDEL CORPORATION.

Circuit Court of Appeals, Fourth Circuit.

June 24, 1931.

Attorney(s) appearing for the Case

D. W. Robinson, of Columbia, S. C. (Joseph T. Davis, of St. Louis, Mo., and W. H. Nicholson, of Greenwood, S. C., on the brief), for appellant.

R. B. Herbert, of Columbia, S. C. (Herbert & Dial, of Columbia, S. C., on the brief), for appellee.

Before PARKER, NORTHCOTT, and SOPER, Circuit Judges.

SOPER, Circuit Judge.

The administrator of Durand Philyaw brought a suit subsequently removed to the federal court against Arundel Corporation charging that Philyaw was killed by reason of the failure of the defendant to furnish him with a safe place to work when acting as its employee in the operation of a steam shovel in the construction of a dam across the Saluda river in Lexington county, S. C. There was no complaint that the machinery was defective, but it was...

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