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PARK TRANSFER CO. v. LUMBERMENS MUT. CASUALTY CO.

No. 8532.

142 F.2d 100 (1944)

PARK TRANSFER CO. v. LUMBERMENS MUT. CASUALTY CO. et al.

United States Court of Appeals District of Columbia.

Decided April 24, 1944.

Attorney(s) appearing for the Case

Mr. Joseph C. McGarraghy, of Washington, D. C., for appellant.

Mr. Alvin L. Newmyer, of Washington, D. C., for appellee.

Before GRONER, Chief Justice and EDGERTON and ARNOLD, Associate Justices.

EDGERTON, Associate Justice.

This suit grows out of a fatal assault by one workman upon another. The men were employed by different contractors in the construction of a building. Smith was a laborer of the Park Transfer Company. Jett was a steamfitter foreman of the Norair Engineering Corporation. Smith drank water from a pail which belonged to Norair men. Jett shouted "Nigger, stay away from that water bucket." Smith struck Jett on the head with a six-foot steel...

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