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SMITH v. J. C. PENNY COMPANY

No. 12388.

261 F.2d 218 (1958)

Gladys SMITH, Plaintiff-Appellee, v. J. C. PENNEY COMPANY, Defendant-Appellant,

United States Court of Appeals Seventh Circuit.

November 14, 1958.

Attorney(s) appearing for the Case

Russell P. Harker, Phil Harker, Frankfort, Ind. (Fred W. Campbell, Frankfort, Ind., on the brief), for appellant.

E. L. Keating, J. Frederick Hoffman, Lafayette, Ind., (R. Eugene Richey, Lafayette, Ind., on the brief) for appellee.

Before DUFFY, Chief Judge, SCHNACKENBERG and HASTINGS, Circuit Judges.

HASTINGS, Circuit Judge.

This diversity action was brought to recover damages for personal injuries sustained by appellee, plaintiff below, in a fall caused by ice on a sidewalk abutting appellant's store. The jury returned a verdict for appellee and assessed damages at $1800. Appellant's motions for a directed verdict, made at the close of all the evidence, and for judgment notwithstanding the verdict were overruled by the trial court, and these rulings are assigned...

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