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ERLANGER TREMONT THEATRE CORPORATION v. ELLSMORE

No. 2572.

56 F.2d 809 (1932)

ERLANGER TREMONT THEATRE CORPORATION v. ELLSMORE.

Circuit Court of Appeals, First Circuit.

March 18, 1932.

Attorney(s) appearing for the Case

William G. Thompson, of Boston, Mass. (George E. Mears, of Boston, Mass., on the brief), for appellant.

George R. Farnum, of Boston, Mass. (Nathan Fink and MacPherson, Auerbach & Farnum, all of Boston, Mass., on the brief), for appellee.

Before BINGHAM and WILSON, Circuit Judges, and MORRIS, District Judge.

MORRIS, District Judge.

This is an action of tort brought against the Erlanger Theatre Corporation, appellant, hereinafter called the defendant, the corporate manager of the Tremont Theatre in Boston, to recover for personal injuries sustained November 8, 1929, by Evelyn Ells-more, plaintiff, appellee, hereinafter called the plaintiff, resulting from a fall caused by the alleged negligence of a servant of the defendant.

The answer, in so far as material, sets...

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