AMACKER v. SKELLY OIL CO.

No. 10373.

132 F.2d 431 (1942)

AMACKER et al. v. SKELLY OIL CO.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied January 27, 1943.


Attorney(s) appearing for the Case

John J. Watts, of Crane, Tex., and Henry Russell, of Pecos, Tex., for appellants.

Ed. M. Whitaker, of Midland, Tex., for appellee.

Before SIBLEY and HUTCHESON, Circuit Judges, and DAWKINS, District Judge.


HUTCHESON, Circuit Judge.

The suit was for damages for death by asphyxiation. The claim was that the defendant on whose premises and under whose general direction the deceased, though sent there by an independent contractor, had been working, in cleaning B. S. from oil tanks, had negligently discharged its duty to exercise ordinary and reasonable care to see that the tanks were first made free of asphyxiating gases or to provide deceased with protection therefrom...

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