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CAREY REED CO. v. McDAVID

No. 9852.

120 F.2d 843 (1941)

CAREY REED CO. v. McDAVID.

Circuit Court of Appeals, Fifth Circuit.

June 16, 1941.

Attorney(s) appearing for the Case

Wade H. Creekmore, of Jackson, Miss., for appellant.

Marion Wesley Reily, of Meridian, Miss., and George T. Mitchell, of Tupelo, Miss., for appellee.

Before FOSTER, SIBLEY, and HUTCHESON, Circuit Judges.

HUTCHESON, Circuit Judge.

The suit was for damages for personal injuries. The claim was that while plaintiff was working in a railroad car shoveling gravel, to be unloaded therefrom by a motor power driven shovel or dipper, the dipper was dropped upon and injured him, as a result of the negligence of defendant in failing to warn him. The defenses pleaded were: a denial; that plaintiff's own negligence was the sole proximate cause of the accident; that plaintiff had...

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