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DAVIS v. F. W. WOOLWORTH CO.

No. 528.

54 F.2d 366 (1931)

DAVIS v. F. W. WOOLWORTH CO.

Circuit Court of Appeals, Tenth Circuit.

December 14, 1931.

Attorney(s) appearing for the Case

Chas. W. Pennel and A. O. Harrison, both of Bartlesville, Okl., for appellant.

Randolph, Haver, Shirk & Bridges, of Tulsa, Okl., for appellee.

Before COTTERAL, PHILLIPS, and McDERMOTT, Circuit Judges.

PHILLIPS, Circuit Judge.

This is an action brought by R. E. Davis to recover damages on account of bodily injuries sustained from a fall down an elevator shaft located in a store of F. W. Woolworth Company.

In the petition it is alleged that the injuries were incurred because of the negligence of the Woolworth Company. Contributory negligence was set up as a bar to recovery. On a former trial the jury returned a verdict for Davis. Upon appeal this court held...

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