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JONES v. CHUBB

No. 4868.

216 F.2d 869 (1954)

Wanda Lee JONES, individually, and as mother and next friend of Thomas Frederick Jones and Stephen Lewis Jones, minors, Appellants, v. Donald A. CHUBB, doing business as Neon Tube Light Company, Appellee.

United States Court of Appeals Tenth Circuit.

November 16, 1954.

Attorney(s) appearing for the Case

Charles L. Davis, Jr., Topeka, Kan. (Howard A. Jones, Donald Patterson, and William E. Haney, Topeka, Kan., on the brief), for appellants.

David H. Fisher and Irwin Snattinger, Topeka, Kan., for appellee.

Before PHILLIPS, Chief Judge, and MURRAH and PICKETT, Circuit Judges.

PICKETT, Circuit Judge.

Donald F. Jones was killed by the collapse of a wall which separated the place of business where he worked from the adjoining building. The collapse was caused by an explosion following a fire which started in the adjacent building. His widow brought this action on behalf of herself and two minor children to recover damages. The specific act of negligence pleaded was that the defendant, who was engaged in the business of fabricating and testing...

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