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KENNECOTT COPPER CORPORATION v. GRAHAM

No. 4919.

219 F.2d 593 (1955)

KENNECOTT COPPER CORPORATION, a corporation, Appellant, v. Rex GRAHAM, Appellee.

United States Court of Appeals, Tenth Circuit.

February 3, 1955.

Attorney(s) appearing for the Case

Calvin A. Behle, Salt Lake City, Utah (C. C. Parsons and A. D. Moffat, Salt Lake City, Utah, on the brief), for appellant.

Dwight L. King, Salt Lake City, Utah, for appellee.

Before BRATTON, HUXMAN and MURRAH, Circuit Judges.

HUXMAN, Circuit Judge.

This was an action by Rex Graham against the Kennecott Copper Corporation to recover damages for injuries received from a fall into an open manhole in a sidewalk. The manhole was an opening into a conduit constructed under the sidewalk. Plaintiff's theory of the case was that Kennecott was the owner of the conduit and that it negligently maintained the manhole cover and that this negligence caused plaintiff to fall into the manhole to his injuries...

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