Legal Opinion

E. I. Du Pont De Nemours & Co. v. Kelly

Court of Appeals for the Fourth Circuit

Decided July 15, 1918No. 1619PublishedCited by 6 opinions

In Error to the District Court of the United States for the Eastern District of Virginia, at Richmond; Edmund Waddill, Jr., Judge. Action by Eugene P. Kelly against E. I. Du Pont de Nemours & Co. Judgment for plaintiff, and defendant brings error.

1Opinion of the Court

WOODS, Circuit Judge.

The plaintiff, a carpenter, while employed by the defendant, fell from a scaffold and was seriously injured. In a declaration containing 5 counts, 'and covering 8 closely printed pages, the fall is alleged to have been due to the breaking of the scaffold, because (1) the supports of the board from which plaintiff fell were too weak, and (2) the brackets which supported the boards were so defectively constructed that the board on which plaintiff was walking crept away from its support and fell; and on this negligence is charged to the defendant (1) in not providing its…

2Cases cited1 opinion

  1. C. A. Smith Lumber & Mfg. Co. v. ParkerCourt of Appeals for the Ninth Circuit · 1915

3Cited by6 opinions

  1. New Amsterdam Casualty Co. v. United States Shipping Board Emergency Fleet Corp.Court of Appeals for the Fourth Circuit · 1927
  2. Bedser v. Horton Motor Lines, Inc.Court of Appeals for the Fourth Circuit · 1941
  3. Pittsburgh, C., C. & St. L. Ry. Co. v. ColeCourt of Appeals for the Sixth Circuit · 1919
  4. Bowie v. SorrellDistrict Court, W.D. Virginia · 1953
  5. Gunter v. Standard Oil Co.Court of Appeals for the Eighth Circuit · 1932

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