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KARNOWSKI v. SKELLY OIL CO.

No. 3764.

174 F.2d 770 (1949)

KARNOWSKI v. SKELLY OIL CO.

United States Court of Appeals Tenth Circuit.

May 10, 1949.

Attorney(s) appearing for the Case

Charles Rooney, Topeka, Kan. (John D. Cunningham, Seneca, Kan., was with him on the brief), for appellant.

Hawley C. Kerr, Tulsa, Okl. (Howard A. Jones, Topeka, Kan., was with him on the brief), for appellee.

Before BRATTON, HUXMAN and MURRAH, Circuit Judges.

MURRAH, Circuit Judge.

Joseph Karnowski brought this suit against the Skelly Oil Company for personal injuries, allegedly caused by the negligence of its employee John Sausser in throwing a large piece of cement from the top of Skelly's building, while making repairs thereon. Skelly denied an employer-employee relationship with Sausser, and alleged that the building repairs were under his sole supervision and control as an independent contractor. Upon the trial of...

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