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DONNELLY v. FRED WHITTAKER CO. et al.

364 Pa. 387 (1950)

Donnelly, Admrx., v. Fred Whittaker Company et al., Appellants.

Supreme Court of Pennsylvania.

March 20, 1950.

Attorney(s) appearing for the Case

Howard R. Detweiler, with him Frank R. Ambler, for defendant, Tidewater Field Warehouses, Inc., appellant.

Walter B. Gibbons, for defendant, Fred Whittaker Company, appellant.

James F. Masterson, with him Joseph A. Palmer, for appellee.

Before MAXEY, C.J., DREW, LINN, STERN, STEARNE and JONES, JJ.

OPINION BY Mr. Justice DREW, March 20, 1950:

Hugh E. Donnelly, a United States customs inspector, was killed on May 1, 1947, when a 700 pound bale of wool was pushed from the top of a stack of bales and fell on him. At the time he was engaged in weighing and testing wool owned by Fred Whittaker Company (hereinafter called Whittaker) in a warehouse operated by Tidewater Field Warehouses, Inc. (hereinafter called Tidewater). To recover damages suffered as a result of...

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