No. 13659.

302 F.2d 581 (1962)

Lucille A. BREECE, Administratrix Ad Prosequendum of the Estate of Jerry C. Breece, Plaintiff-Appellee, v. J. F. CHAPMAN & SON, INC., Defendant-Appellant.

United States Court of Appeals Third Circuit.

Decided April 17, 1962.

Attorney(s) appearing for the Case

John W. Taylor, East Orange, N. J., for appellant.

Richard J. Feinberg, Bayonne, N. J. (Feinberg, Dee & Feinberg, William M. Feinberg, Bayonne, N. J., and Edward T. Kelley, Clearfield, Pa., on the brief), for appellee.

Before McLAUGHLIN, KALODNER and HASTIE, Circuit Judges.

McLAUGHLIN, Circuit Judge.

Defendant appeals from a plaintiff's judgment in this tort death case.

On November 21, 1959 plaintiff's decedent was the foreman (its "expert on the job", as Construction's project manager described him) for Construction Service Company, a subcontractor on a New Jersey State Highway construction project in Bayonne, New Jersey. Defendant was the general contractor for the work.

Under the terms of the contract between the Highway...

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