HUMPHRIES v. McCRORY-McLELLAN STORES CORPORATION

No. 10223.

358 F.2d 901 (1966)

Mrs. Agnes HUMPHRIES, Appellee, v. McCRORY-McLELLAN STORES CORPORATION, Appellant.

United States Court of Appeals Fourth Circuit.

Decided March 30, 1966.


Attorney(s) appearing for the Case

Mortimer M. Weinberg, Sumter, S. C., (Perry M. Weinberg, Sumter, S. C., on the brief) for appellant.

Henry B. Richardson, Sumter, S. C., and Henry H. Edens, Columbia, S. C., (George C. James, Sumter, S. C., on the brief) for appellee.

Before HAYNSWORTH, Chief Judge, and BOREMAN and BRYAN, Circuit Judges.


ALBERT V. BRYAN, Circuit Judge.

Personal injury damages were awarded by a jury to Agnes Humphries for her fall, November 6, 1962, in the Sumter, South Carolina store of McCrory-McLellan Stores Corporation, which now appeals the judgment on the verdict. We reverse and order dismissal of the action for want of evidence of primary negligence.

The injury occurred when a spiked heel of plaintiff's shoe caught in a hole drilled in the threshold at the entrance to...

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