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TURNER CONSTRUCTION COMPANY v. HOULIHAN

No. 5122.

240 F.2d 435 (1957)

TURNER CONSTRUCTION COMPANY, Defendant, Appellant, v. John T. HOULIHAN, Plaintiff, Appellee.

United States Court of Appeals First Circuit.

Decided January 22, 1957.

Attorney(s) appearing for the Case

John Cancian, Boston, Mass., with whom Bingham, Dana & Gould, Boston, Mass., and Lee A. Worrell and Worrell & Hodge, Providence, R. I., were on the brief, for appellant.

Edward I. Friedman, Cranston, R. I., with whom Vincent J. Chisholm, Providence, R. I., and William Schwartz, Pawtucket, R. I., were on the brief, for appellee.

Before MAGRUDER, Chief Judge, and WOODBURY and HARTIGAN, Circuit Judges.

WOODBURY, Circuit Judge.

The plaintiff-appellee, John Houlihan, a citizen of Rhode Island, was employed by W. J. Halloran Co. as an "oiler" and "apprentice engineer" to work on a portable crane under the direct supervision of the crane operator. On or about Friday, March 20, 1953, the defendant-appellant, Turner Construction Company, a New York corporation, arranged with Houlihan's employer for the use of a crane to hoist ready-mixed cement from the ground to the...

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