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BALTIMORE & O. R. CO. v. YOUNGSTOWN BOILER & TANK CO.

No. 6182.

64 F.2d 638 (1933)

BALTIMORE & O. R. CO. v. YOUNGSTOWN BOILER & TANK CO.

Circuit Court of Appeals, Sixth Circuit.

April 10, 1933.

Attorney(s) appearing for the Case

W. T. Kinder, of Cleveland, Ohio (Geo. D. Bonebrake and Tolles, Hogsett & Ginn, all of Cleveland, Ohio, on the brief), for appellant.

A. M. Henderson, of Youngstown, Ohio (John H. Ranz, of Youngstown, Ohio, on the brief), for appellee.

Before HICKS, HICKENLOOPER, and SIMONS, Circuit Judges.

HICKS, Circuit Judge.

Appellee furnished the material for, and erected, a two hundred thousand gallon steel standpipe tank upon the property of appellant. During the progress of construction and while he was working on the tank near its upper edge, Edwin Earl Smith, an employee of appellee, was killed by a current of electricity escaping from nearby high tension wires. His administratrix brought suit against appellant for his alleged wrongful death and recovered a...

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