Burnett v. Amalgamated Phosphate Co.

HOLMES, Circuit Judge.

This was an action by appellant for the negligent death of her husband. The first trial resulted in a verdict for her, which was set aside. On the second trial, the court directed a verdict for appellee, and this appeal is from the judgment entered thereon.

Appellant’s husband, Elmer N. Burnett, was employed by appellee on and before January 31, 1934, as chemist in its phosphate mining operations at Brewster, Florida. As such chemist he was in complete charge of the laboratory where samp.les of the phosphate were analyzed. This laboratory was housed in a separate building…