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TEVINGTON v. INTERNATIONAL MILLING CO.

Civ. 1889.

71 F.Supp. 621 (1945)

TEVINGTON v. INTERNATIONAL MILLING CO. (SCHMAHL SHEET METAL WORKS, Inc., third-party defendant).

District Court, W. D. New York.

March 16, 1945.

Attorney(s) appearing for the Case

William J. Brock, of Buffalo, N. Y., for plaintiff.

Adams, Smith, Brown & Starrett, of Buffalo, N. Y. (Edmund S. Brown, of Buffalo, N.Y., of counsel), for third-party plaintiff.

Selby G. Smith, of Buffalo, N. Y., for third-party defendant.

KNIGHT, District Judge.

The plaintiff was injured while employed as a grain shoveler on a boat being unloaded at the International Milling Company's (hereinafter referred to as the Milling Company) elevator at Buffalo, New York. The complaint alleges negligence in that a hook in use broke causing plaintiff to be struck and injured by a shovel.

The Milling Company answered with a denial of its negligence, and alleged plaintiff's negligence and certain other...

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