GOSS PRINTING PRESS COMPANY v. Mayhew
| Decision Date | 08 June 1961 |
| Docket Number | No. 16045.,16045. |
| Citation | 293 F.2d 870 |
| Parties | GOSS PRINTING PRESS COMPANY, Appellant v. Edwin MAYHEW, William M. Frazee, Montgomery B. Moltz and Arthur M. Quina, Jr., Appellees. |
| Court | U.S. Court of Appeals — District of Columbia Circuit |
Mr. Justin L. Edgerton, Washington, D. C., with whom Mr. Charles E. Pledger, Jr., and Messrs. John F. Mahoney, Jr., and R. Harrison Pledger, Jr., Washington, D. C., were on the brief, for appellant.
Mr. Martin E. Gerel, Washington, D. C., for appellees. Mr. Lee C. Ashcraft, Washington, D. C., also entered an appearance for appellees.
Before PHILLIPS, Senior United States Circuit Judge for the Tenth Circuit,* and BAZELON and BASTIAN, Circuit Judges.
Mayhew, Frazee, Moltz and Quina, Jr.,1 brought this action against the Goss Printing Press Company2 to recover damages for personal injuries. From judgments for the plaintiffs Goss has appealed.
Goss manufactures and sells printing presses and accessory equipment. On June 5, 1950, it entered into a contract with the Washington Times-Herald, Inc.,3 for the sale to the latter of certain newspaper printing press equipment, including certain press units. Embraced in the equipment to be furnished was a catwalk at the upper level of Press A, along which a horizontal guard or handrail was constructed. The rail consisted of sections of hollow metal tubing. At intervals along the catwalk there were vertical hollow metal posts with tee members at the top of the posts. The ends of the rail members were inserted into the ends of the horizontal section of the tees and held in position by means of screws inserted through holes in the tees and the ends of the rail sections. The rail sections were of various lengths and were numbered, and blueprints were furnished by Goss, which indicated the place where each railing was to be installed and the number and length of each railing.
Goss furnished the printing press equipment embraced in the contract to Times-Herald at Chicago, Illinois. The presses and equipment were transported to Washington. Times-Herald entered into a contract with Centre-Ammon Company4 for the installation of the printing presses and equipment.
The sale contract in part provided:
One of the mechanics furnished by Goss to supervise the installation of the printing press equipment was Eugene Connelly.5 Connelly and other supervisors sent out by Goss to supervise the installation of printing press equipment were specially trained by Goss to perform such supervision.
One section of the railing was designated as No. 4 on B69187. The blueprint indicated that Section 4 was 74½ inches in length and also the place on the catwalk where it was to be installed. Instead of installing that Section 4 at such place, workmen for Centre-Ammon installed a section of railing, designated as No. 12 on B69187, which was only 72 9/16 inches in length, and which the blueprint indicated should be installed at another place on the catwalk. One end of Railing Section No. 12, hereinafter referred to as the "A" end, was inserted in the tee only 3/16 of an inch and the screw holes which were slightly less than 1/8 of an inch in diameter were only 1/16 of an inch from the "A" end of the railing section. The other end of the railing was inserted 15/32 of an inch into the tee.
Goss supplied Bessemer rods to pin and secure the railing sections in place in the tees, but Centre-Ammon used screws instead of the rods. The holes for screws were drilled in the end of the rail section by Centre-Ammon.
Mr. Nolan, a Vice-President of Goss, and its Field Superintendent when the railings were installed, called as a witness for the plaintiffs, testified that the entire installation, including the handrails and catwalks, was supervised by Connelly.
On September 27, 1956, three of the plaintiffs were working on the upper level of Press A on the catwalk where Railing Section No. 12 had been installed. Screw holes at the "A" end of Section 12 tore out to the end of the railing, causing the railing to give way at such end and causing three of the plaintiffs to fall from the catwalk to the steel floor below. In their fall one or more of them struck the fourth plaintiff, Moltz. All the plaintiffs suffered personal injuries.
Section 12 had remained without change, as originally installed, up to the time of the accident.
William J. Nolan was called as a witness in behalf of the defendant. On direct examination he testified that Connelly was one of the mechanics furnished by Goss to supervise the erection of the presses and equipment; that as such supervisor he could "tell" Centre-Ammon "what to do" with regard to the installation of machinery, and if it refused he could then "go through the Times-Herald" to obtain correction of defective or improper installation. He further testified that with respect to the catwalk and rails Connelly had no control, except observation, and no responsibility with respect thereto. However, on cross-examination, after again testifying that Connelly could order Centre-Ammon to correct improper or defective installation of "mechanical parts," he further testified that, while Connelly could not directly order Centre-Ammon to correct improper or...
To continue reading
Request your trial