Baltimore & O. R. Co. v. Youngstown Boiler & Tank Co.

HICKS, Circuit Judge.

Appellee furnished the material for, and erected, a two hundred thousand gallon steel standpipe tank upon the property of appellant. During the progress of construction and while he was working on the tank near its upper edge, Edwin Earl Smith, an em-ploj'ee of appellee, was killed by a current of electricity escaping from nearby high tension wires. His administratrix brought suit against appellant for his alleged wrongful death and recovered a judgment for $7,109.-96 with interest and costs. Appellant paid the judgment and brought this action upon an alleged contract of…