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DUNCAN v. MONTGOMERY WARD & CO.

No. 11536.

108 F.2d 848 (1940)

DUNCAN v. MONTGOMERY WARD & CO.

Circuit Court of Appeals, Eighth Circuit.

Rehearing Denied February 12, 1940.

Attorney(s) appearing for the Case

Kenneth W. Coulter and Edward H. Coulter, both of Little Rock, Ark. (O. W. Wiggins, of Little Rock, Ark., on the brief), for appellant.

Frank E. Chowning, of Little Rock, Ark. (L. E. Oliphant, Jr., of Chicago, Ill., and J. Merrick Moore and Lawrence B. Burrow, both of Little Rock, Ark., on the brief), for appellee.

Before STONE, SANBORN, and THOMAS, Circuit Judges.

THOMAS, Circuit Judge.

This is an action for damages for personal injuries by a servant against his master. The injury complained of was alleged to be the proximate result of the negligence of a fellow servant. The action is based upon section 9123 of Pope's Digest of the Statutes of Arkansas which declares that all corporations shall be liable in damages for injuries sustained by an employee resulting from the negligence of a fellow employee.

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