Amacker v. Skelly Oil Co.

HUTCHESON, Circuit Judge.

The suit was for damages for death by asphyxiation. The claim was that the defendant on whose premises and under whose general direction the deceased, though sent there by an independent contractor, had been working, in cleaning B. S. from oil tanks, had negligently discharged its duty to exercise ordinary and reasonable care to see that the tanks were first made free of asphyxiating gases or to provide deceased with protection therefrom. The defenses were a denial that the deceased was asphyxiated, a denial that the defendant had been guilty of any breach of duty,…