UNION CARBIDE CORPORATION, a corporation, Defendant and Third Party Plaintiff below, Appellant and Cross-Appellee,
v.
Ellen GOETT, As Administratrix of the Estate of Marvin Paul Goett, deceased, Plaintiff below, Appellee and Cross-Appellant, and
Amherst Barge Company, a corporation, Third Party Defendant below, Appellee.
United States Court of Appeals Fourth Circuit.https://leagle.com/images/logo.png
Argued April 9, 1958.
Decided May 27, 1958.
Attorney(s) appearing for the Case
Charles M. Love, Charleston, W. Va. (Dayton, Campbell & Love, and Charles R. McElwee, Charleston, W. Va., on the brief) for Union Carbide Corporation, appellant and cross-appellee.
Harvey Goldstein, New York City (E. Franklin Pauley, Charleston, W. Va., and S. Eldridge Sampliner, Cleveland, Ohio, on the brief) for Ellen Goett, as administratrix, etc., appellee and cross-appellant.
David D. Johnson, Charleston, W. Va., (Jackson, Kelly, Holt & O'Farrell, and W. T. O'Farrell, Charleston, W. Va., on the brief) for Amherst Barge Company, appellee.
Before SOBELOFF, Chief Judge, SOPER, Circuit Judge, and THOMSEN, District Judge.
United States Court of Appeals Fourth Circuit.
THOMSEN, District Judge.
Marvin Paul Goett, an employee of Amherst Barge Company, while sandblasting a tank barge owned by Union Carbide & Carbon Corporation, fell into the Kanawha River and was drowned. The barge had been turned over to Amherst for repairs and improvements and was under its sole control. Since the barge was an unmanned barge, it had no life rings or other rescue equipment. The principal question to be...
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