UNITED STATES GYPSUM CO. v. BALFANZ

No. 13589.

193 F.2d 1 (1951)

UNITED STATES GYPSUM CO., Inc. v. BALFANZ.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied January 24, 1952.


Attorney(s) appearing for the Case

Tom K. Eplen, Abilene, Tex., for appellant.

Davis Scarborough, Larry Scarborough, Abilene, Tex., for appellee.

Before JOSEPH C. HUTCHESON, Chief Judge, and HOLMES and STRUM, Circuit Judges.


JOSEPH C. HUTCHESON, Chief Judge.

The suit was for damages for personal injuries sustained by plaintiff, a building contractor, as the result of a fall into an open air duct or tunnel in the heater room which plaintiff, as the contractor, had caused to be dug.

The claim in general was that while plaintiff was on his way to talk to two of his men who were working in one of the three large steel pipes or tubes, each thirty feet long and four feet in diameter...

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