UNITED STATES CASUALTY CO. v. LIBERTY MUTUAL INS. CO.

Civ. A. No. 30057.

208 F.Supp. 36 (1962)

UNITED STATES CASUALTY COMPANY v. LIBERTY MUTUAL INSURANCE COMPANY.

United States District Court E. D. Pennsylvania.

August 29, 1962.


Attorney(s) appearing for the Case

John M. Ross, of Duane, Morris & Heckscher, Philadelphia, Pa., for plaintiff.

J. B. H. Carter, and Edward W. Madeira, Jr., of Pepper, Hamilton & Scheetz, Philadelphia, Pa., for defendant.


WOOD, District Judge.

On February 28, 1957, William W. Simms, Jr., was killed when he was struck by a bucket of cement which was being lowered into an excavation site at Broad and Spring Garden Streets, Philadelphia, Pennsylvania. Simms was an employee of John McShain Company, the general contractor. The crane lowering the bucket was owned by Robert Hawthorne, Inc., and had been leased to McShain together with the crane operator, Walter Hawthorne.

At the time...

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