LOLIE v. OHIO BRASS COMPANY

No. 73-1174.

502 F.2d 741 (1974)

Carol LOLIE, Administratrix of the Estate of Allan Lolie, Deceased, Plaintiff-Appellant, v. The OHIO BRASS COMPANY, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided August 13, 1974.


Attorney(s) appearing for the Case

Richard P. Shaikewitz, Alton, Ill., for plaintiff-appellant.

Paul L. Pratt, Phillip J. Kardis, East Alton, Ill., for defendant-appellee.

Before SWYGERT, Chief Judge, STEVENS, Circuit Judge, and PERRY, Senior District Judge.


PER CURIAM.

Plaintiff's husband, a coal miner, was fatally injured when a "power cable" fell from the roof of a mine. Defendant is a manufacturer of metal clips which were intended to hold the cable in place; they were dislodged, however, when the cable, having been struck by a heavy steel rail at a point some 439 feet from where decedent was standing, began to quiver violently. Since the clips did not prevent the cable from falling, plaintiff claimed that their design...

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