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MURPHY v. ST. PAUL FIRE AND MARINE INSURANCE COMPANY

No. 19588.

314 F.2d 30 (1963)

Eugene P. MURPHY and the Travelers Insurance Company, Appellants, v. The ST. PAUL FIRE AND MARINE INSURANCE COMPANY, Appellee.

United States Court of Appeals Fifth Circuit.

January 30, 1963.

Attorney(s) appearing for the Case

Robert Acomb, Jr., Jones, Walker, Waechter, Poitevent, Carrere & Denegre, E. A. Carrere, Jr., New Orleans, La., for appellants.

Carl J. Schumacher, Jr., Dermot S. McGlinchey, New Orleans, La., (Lemle & Kelleher, New Orleans, La., of counsel), for St. Paul Fire and Marine Ins. Co.

Before RIVES, CAMERON and BELL, Circuit Judges.

CAMERON, Circuit Judge.

The question before us is whether appellants are entitled to a new trial as a matter of right, when through no fault of the parties the court reporter is unable to transcribe portions of the record of the trial necessary to the proper presentation of errors assigned and relied upon in this appeal.

Appellant Murphy was injured when a movable metal scaffold or tower, owned by his employer but manufactured by Safeway Steel Products, Inc...

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