HOLLIDAY v. FULTON BAND MILL

No. 10892.

142 F.2d 1006 (1944)

HOLLIDAY v. FULTON BAND MILL, Inc.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied July 8, 1944.


Attorney(s) appearing for the Case

Jas. A. Cunningham, of Booneville, Miss., for appellant.

Thos. Fite Paine, of Aberdeen, Miss., and C. R. Bolton, of Tupelo, Miss., for appellee.

Before SIBLEY, McCORD, and LEE, Circuit Judges.


SIBLEY, Circuit Judge.

In appellant's suit for damages for a personal injury sustained while working at appellee's sawmill a verdict was directed for the defendant. This is the sole error specified on appeal, and the sole questions argued are whether appellant was given a reasonably safe place to work, and whether the negligence of the sawyer was that of a fellow servant.

The mill was a band-sawmill operated by the sawyer who controlled the motions of the...

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