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SMITH v. MARYLAND CASUALTY COMPANY

No. 16900.

252 F.2d 266 (1958)

Ernest SMITH, Appellant, v. MARYLAND CASUALTY COMPANY et al., Appellees.

United States Court of Appeals Fifth Circuit.

February 6, 1958.

Attorney(s) appearing for the Case

Arnold C. Jacobs, New Orleans, La., for appellant.

Breard Snellings and Deutsch, Kerrigan & Stiles, New Orleans, La., for defendant-appellee Maryland Casualty Company.

Before HUTCHESON, Chief Judge, and TUTTLE and JONES, Circuit Judges.

HUTCHESON, Chief Judge.

Ernest Smith, complainant below, a construction laborer employed by Winchester Bros. Construction Co., sustained injuries when a Buck hoist, aboard which he had walked to remove a wheelbarrow of cement, collapsed when the cable supporting the platform let go. This hoist was a piece of rental or lease equipment obtained by Winchester Bros. from H. S. Finke Co. on a daily lease or rental basis and was delivered to Winchester by Finke in an unerected...

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