UNITED STATES RADIATOR CORPORATION v. HENDERSON

No. 879.

68 F.2d 733 (1934)

UNITED STATES RADIATOR CORPORATION v. HENDERSON et al.

Circuit Court of Appeals, Tenth Circuit.

February 5, 1934.


Attorney(s) appearing for the Case

George L. Nye, of Denver, Colo. (Clyde C. Dawson, Jr., and Pershing, Nye, Bosworth & Dick, all of Denver, Colo., of counsel), for appellant.

G. Dexter Blount, of Denver, Colo. (Harry S. Silverstein and David Rosner, both of Denver, Colo., on the brief), for appellees.

Before LEWIS, PHILLIPS, and BRATTON, Circuit Judges.


LEWIS, Circuit Judge.

Appellant, in its brief on motion for rehearing, says:

"Negligence might have been established by expert testimony (Coakley v. Prentiss-Wabers Stove Co., 182 Wis. 94, 195 N. W. 388) but there was no such testimony.

"In the absence of proof of the character indicated, appellees were not entitled to have the case submitted to the jury."

At the time of the fire Gandrup had been engaged as an independent contractor in plumbing...

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