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BRANDON v. YALE & TOWNE MANUFACTURING CO.

No. 14640.

342 F.2d 519 (1965)

James Cletus BRANDON v. YALE & TOWNE MANUFACTURING CO., Appellant.

United States Court of Appeals Third Circuit.

Reargued September 17 and November 20, 1964.

Decided March 10, 1965.

Attorney(s) appearing for the Case

Lynn L. Detweiler, Swartz, Campbell & Henry, Philadelphia, Pa. (Howard R. Detweiler, Philadelphia, Pa., on the brief), for appellant.

Herbert F. Kolsby, Davis, Bellis & Kolsby, Philadelphia, Pa. (Alfred Sarowitz, Leon Rosenfield, Philadelphia, Pa., on the brief), for appellee.

Before BIGGS, Chief Judge, and McLAUGHLIN, KALODNER, STALEY, HASTIE, GANEY, SMITH and FREEDMAN, Circuit Judges.

PER CURIAM.

The plaintiff sustained injuries which rendered him permanently quadriplegic when a load of corrugated paper weighing some 800 pounds toppled off a fork lift truck which he was operating and struck him on the back of his neck. The fork lift truck was not equipped with an overhead canopy guard or load back rest which are safety devices intended to protect the truck's operator against falling cargo. The plaintiff...

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