GARZA v. INDIANA AND MICHIGAN ELECTRIC CO.

No. 15606.

338 F.2d 623 (1964)

Estate of Ovidio Garza, Deceased, by Hermenegildo GARZA, Administrator, Estate of Horfila Garza, Deceased, by Hermenegildo Garza, Administrator, Estate of Horacio Garza, Deceased, by Hermenegildo Garza, Administrator, Otilia Garza, and Hermenegildo Garza, Plaintiffs-Appellants, v. INDIANA AND MICHIGAN ELECTRIC CO., a foreign corporation, Leonard Frank, and Mrs. Leonard Frank, Defendants-Appellees.

United States Court of Appeals Sixth Circuit.

November 19, 1964.


Attorney(s) appearing for the Case

Argued by George Menendez, Detroit, Mich., Menendez & Hadden, Detroit, Mich., on the brief for appellants.

Argued by David O. Haughey, Grand Rapids, Mich., Mitts, Smith & Haughey and L. Roland Roegge, Grand Rapids, Mich., on the brief, for Indiana and Michigan Electric Co.

Leland D. Phelps, Grand Rapids, Mich., Shivel, Phelps, Linsey & Strain, Grand Rapids, Mich., on the brief, for Leonard Frank.

Before WEICK, Chief Judge, O'SULLIVAN, Circuit Judge, and PRETTYMAN, Senior Circuit Judge.


WEICK, Chief Judge.

The three decedents and the two other plaintiffs, part of a family of migrant workers, were employed by defendant Frank to pick strawberries on his farm in Berrien County, Michigan. They were residents of Texas, but citizens of Mexico.

The strawberry fields were irrigated with a portable irrigation system which irrigated the land in sixty-foot squares with a sprinkler at each corner of the square. Aluminum pipes, three inches in diameter...

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