Jackson E. McVey and H. E. Northway v. Phillips Petroleum Company

RIVES, Circuit Judge.

This is an appeal from a judgment in a negligence action entered in accordance with the special findings of a jury.

Plaintiffs, appellants, were employed at the time of the alleged mishap in the South Houston plant of the Nuclear Products Division of M. W. Kellogg Company. Kellogg manufactured a gamma-ray projector (the “Kel-Ray projector”) which was used to detect latent defects in pipe welds. The projector worked on the same principle as an X-ray machine, the rays being emitted from radioisotopes mounted in the projector. The radioisotopes were small pellets x *4", which…