American Smelting & Refining Co. v. Maloy

RIVES, Circuit Judge.

This action was brought against American Smelting and Refining Company for damages for the death of Percy J. Maloy as a result of injuries received while working as an electrician at defendant’s plant. The complaint alleges that Maloy, at the time he received his fatal injuries, was employed by Bauman Electric Company and engaged in work on a trolley cable at the defendant’s plant; that Maloy’s death was due to negligence of the defendant.

Defendant, in answer, averred that at the time Maloy received his fatal injuries, he occupied the status of a loaned or special…