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JACOBS v. GREAT ATLANTIC & PACIFIC TEA CO.

No. 13, Docket 28161.

324 F.2d 50 (1963)

Maude JACOBS, Plaintiff-Appellee, v. The GREAT ATLANTIC & PACIFIC TEA CO., Inc., Defendant-Appellant.

United States Court of Appeals Second Circuit.

Decided November 4, 1963.

Attorney(s) appearing for the Case

Dennis N. Garvey, New Haven, Conn. (Alan R. Weiner and Caplan, Garvey & Colleran, New Haven, Conn., on the brief), for plaintiff-appellee.

Peter C. Dorsey, New Haven, Conn. (Donald F. Keefe and Gumbart, Corbin, Tyler & Cooper, New Haven, Conn., on the brief), for defendant-appellant.

Before LUMBARD, Chief Judge, and FRIENDLY and SMITH, Circuit Judges.

J. JOSEPH SMITH, Circuit Judge.

This is an appeal from a judgment for $25,000 and costs entered in the District Court for the District of Connecticut, William H. Timbers, District Judge, on a jury verdict for the plaintiff for injuries incurred from a fall while shopping in defendant's supermarket. On appeal the defendant contends that the trial court erred in not directing a verdict for the defendant on the ground that there was no basis for a finding of constructive...

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