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SULLIVAN v. SHELL OIL COMPANY

Nos. 14570, 14571.

234 F.2d 733 (1956)

James P. SULLIVAN, Appellant, v. SHELL OIL COMPANY, Appellee. Herman R. ENGBERSON, Appellant, v. SHELL OIL COMPANY, Appellee.

United States Court of Appeals Ninth Circuit.

Rehearing Denied July 31, 1956.

Attorney(s) appearing for the Case

J. Adrian Palmquist, Oakland, Cal., Frank T. Cornish, Berkeley, Cal., for appellant.

Weinman, Rode, Burnhill & Moffitt, Oakland, Cal., Cyril Viadro, San Francisco, Cal., for appellee.

Before HEALY and BONE, Circuit Judges, and JAMES M. CARTER, District Judge.

JAMES M. CARTER, District Judge.

This appeal raises the question of the duty of an owner-occupier of premises to the employees of an independent contractor engaged in dismantling a tank on the premises. The action is one to recover damages for personal injuries sustained when the center column of one of defendant's storage tanks on which plaintiffs were working, collapsed.

The question is here on appeal by plaintiffs, Sullivan and Engberson, from a directed...

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