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AMERICAN STEEL & WIRE CO. v. SIERASKI

No. 8613.

119 F.2d 709 (1941)

AMERICAN STEEL & WIRE CO. v. SIERASKI.

Circuit Court of Appeals, Sixth Circuit.

May 7, 1941.

Attorney(s) appearing for the Case

Clan Crawford, of Cleveland, Ohio (Squire, Sanders & Dempsey and Thos. M. Kirby, all of Cleveland, Ohio, on the brief), for appellant.

Marvin C. Harrison, of Cleveland, Ohio (Harrison & Marshman and Hedrick & Hedrick, all of Cleveland, Ohio, on the brief), for appellee.

Before HICKS, ALLEN, and MARTIN, Circuit Judges.

MARTIN, Circuit Judge.

On the verdict of a jury in the District Court, Benjamin Sieraski, an employee of The Thornton Sheet Metal Company, was awarded judgment for damages for personal injuries received by him while working on premises of appellant, The American Steel & Wire Company. Appellant urges that, because at the time of the accident appellee was employed by an independent contractor, the injured workman assumed the risk in the circumstances of

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