McNEAL v. OTTO

No. 1497.

91 F.2d 289 (1937)

McNEAL v. OTTO.

Circuit Court of Appeals, Tenth Circuit.

Rehearing Denied August 26, 1937.


Attorney(s) appearing for the Case

Merritt W. Oldaker, of Albuquerque, N. M., and James R. Hoffman, of Denver, Colo., for appellant.

L. H. Larwill, of Denver, Colo. (Malcolm Lindsey, of Denver, Colo., on the brief), for appellee.

Before PHILLIPS and BRATTON, Circuit Judges, and KENNEDY, District Judge.


KENNEDY, District Judge.

The appellant, as plaintiff in the court below, instituted suit against the appellee, as defendant, to recover damages for personal injuries growing out of the alleged negligence of the defendant in connection with plaintiff's fall from a ladder attached to a windmill owned and operated by the defendant.

The acts of negligence on the part of the defendant were alleged to be: That the defendant failed to furnish plaintiff with a safe...

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