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SMITH v. HOBART MANUFACTURING COMPANY

Nos. 13667, 13668.

302 F.2d 570 (1962)

Howard SMITH, Plaintiff, v. The HOBART MANUFACTURING COMPANY, Defendant and Third-Party Plaintiff, Appellant, v. HOLIDAY FROSTED FOOD COMPANY, Third-Party Defendant. Howard SMITH, Plaintiff, v. The HOBART MANUFACTURING COMPANY, Defendant and Third-Party Plaintiff, Appellee, v. HOLIDAY FROSTED FOOD COMPANY, Third-Party Defendant, Appellant.

United States Court of Appeals Third Circuit.

Decided April 30, 1962.

Attorney(s) appearing for the Case

John B. Hannum, III, Philadelphia, Pa. (Victor L. Drexel, Philadelphia, Pa., on the brief), for Hobart Mfg. Co.

Harry A. Short, Jr., Philadelphia, Pa. (John J. McDevitt, 3rd, Philadelphia, Pa., on the brief), for Holiday Frosted Food Co.

Benjamin Kuby, Philadelphia, Pa. (Allen T. Newman, Klovsky & Kuby, Philadelphia, Pa., on the brief), for appellee.

Before GOODRICH, STALEY and GANEY, Circuit Judges.

GANEY, Circuit Judge.

Howard Smith's right hand became entangled in the revolving worm of an electrically powered meat grinder and was seriously injured as a result of his slipping on a platform while feeding meat to the grinder on May 6, 1957. At the time he was working within the course and scope of his employment in an establishment owned by his employer, Holiday Frosted Food Co. ("Holiday") in Philadelphia, Pennsylvania. He brought an action against The Hobart...

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