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CYR v. B. OFFEN & CO., INC.

Nos. 74-1007-74-1009.

501 F.2d 1145 (1974)

Alphonse CYR, Jr. and Arlene Cyr, Plaintiffs-Appellees, v. B. OFFEN & CO., INC., Defendant-Appellant and Third-Party Plaintiff-Appellant, v. BLANCHARD PRESS, INC., Third-Party Defendant-Appellee. Cyrenus COUTURE, Adm. Estate of Richard Couture, Plaintiff-Appellee, v. B. OFFEN & CO., INC., Defendant-Appellant and Third-Party Plaintiff-Appellant, v. BLANCHARD PRESS, INC., Third-Party Defendant-Appellee. Alphonse CYR, Jr. and Arlene Cyr, Plaintiffs-Appellees, v. R. HOE & CO., INC., Defendant-Appellant and Third-Party Plaintiff-Appellee, v. RUMFORD PRINTING COMPANY, Third-Party Defendant-Appellee.

United States Court of Appeals, First Circuit.

Decided July 18, 1974.

Attorney(s) appearing for the Case

John Gilbert Upton, Concord, N. H., with whom Upton, Sanders & Smith, Concord, N. H., was on briefs, for Cyrenus Couture.

William S. Orcutt, Manchester, N. H., with whom Wiggin, Nourie, Sundeen, Pingree & Bigg, Manchester, N. H., was on brief, for R. Hoe & Co., Inc.

E. Donald Dufresne, Manchester, N. with whom McLane, Graf, Greene & Branch, Manchester, N. H., was on brief, for Rumford Printing Company.

Stanley M. Brown, Manchester, N. H. with whom McClane, Graf, Greene & Brown, Manchester, N. H., was on brief, for Alphonse Cyr, Jr. and Arlene R. Cyr.

James C. Wheat, Manchester, N. H., with whom Wadleigh, Starr, Peters, Dunn & Kohls, Manchester, N. H., was on brief, for Blanchard Press.

Joseph F. Devan, Manchester, N. H., with whom Sheehan, Phinney, Bass & Green, Manchester, N. H., was on briefs, for B. Offen & Co. Inc.

Before COFFIN, Chief Judge, McENTEE and CAMPBELL, Circuit Judges.

COFFIN, Chief Judge.

A complex series of legal rulings are appealed in this diversity suit arising out of an industrial accident which resulted in serious injury to Alphonse Cyr and in the death of Richard Couture, employed as "fly boys" at Rumford Press.

On October 20, 1969, the 4:00 p. m. to midnight shift at Rumford had the presses shut down for adjustment of the printing plates. Between 5:30 and 5:45 the head...

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