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BAUGHMAN v. PITCHFORK LAND & CATTLE CO.

No. 7930.

86 F.2d 778 (1936)

BAUGHMAN v. PITCHFORK LAND & CATTLE CO.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied January 12, 1937.

Attorney(s) appearing for the Case

Gabe P. Allen and S. Austin Wier, both of Dallas, Tex., for appellant.

Chas. C. Crenshaw, of Lubbock, Tex., for appellee.

Before FOSTER, SIBLEY, and HOLMES, Circuit Judges.

SIBLEY, Circuit Judge.

The errors assigned relate to the instruction of a verdict for the defendant, Pitchfork Land & Cattle Company. The plaintiff, Roy De Witt Baughman, sued for a personal injury suffered while painting the inside of a metal tank about six feet in diameter and heighth and having a manhole through the top. One Taylor, who was helping him paint, after both were becoming sickened from the paint fumes, proposed to smoke and without objection from...

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