PITTMAN v. SCHULTZ

No. 9985.

125 F.2d 82 (1942)

PITTMAN et al. v. SCHULTZ.

Circuit Court of Appeals, Fifth Circuit.

January 21, 1942.


Attorney(s) appearing for the Case

S. E. Morse, of Gulfport, Miss., for appellants.

R. W. Thompson, Jr., and Webb M. Mize, both of Gulfport, Miss., for appellee.

Before FOSTER, HUTCHESON, and HOLMES, Circuit Judges.


HUTCHESON, Circuit Judge.

The suit was for damages for personal injuries. The claim was that plaintiff suffered them while, and because of, attempting to carry out an order defendant had negligently given him requiring the performance of work in an improper and dangerous way.

The defenses were (1), that the work in which plaintiff was engaged was one of construction where the work conditions were subject to constant change and the risks incident thereto were...

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