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GARRETT v. E.I. DU PONT DE NEMOURS & COMPANY

No. 12426.

257 F.2d 687 (1958)

Willie E. GARRETT, Plaintiff-Appellant, v. E. I. DU PONT DE NEMOURS & COMPANY, Inc., a Corporation of the State of Delaware, Defendant-Appellee.

United States Court of Appeals Third Circuit.

Decided June 30, 1958.

Attorney(s) appearing for the Case

Herbert E. Greenstone, Newark, N. J. (Greenstone & Greenstone, Newark, N. J., on the brief), for plaintiff-appellant.

Thomas L. Morrissey, Jersey City, N. J. (Carpenter, Bennett, Beggans & Morrissey, Jersey City, N. J., Carl E. Geuther, Philadelphia, Pa., of counsel, Milton A. Dauber, Laurence Reich, Jersey City, N. J. on the brief) for defendant-appellee.

Before KALODNER and HASTIE, Circuit Judges, and LAYTON, District Judge.

LAYTON, District Judge.

This is an appeal by the plaintiff from a verdict in favor of the defendant in an action where plaintiff was badly burned by sulfuric acid as he was attempting to pour it out of a 55 gallon metal drum. Defendant had shipped the drum to plaintiff's employer, Otto B. May Co., by an intrastate shipment. The drum had been lying in plaintiff's employer's plant for twenty days when the accident occurred. It was the duty of the plaintiff, when required...

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