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HOLMES v. GINTER RESTAURANT CO.

No. 2581.

54 F.2d 876 (1932)

HOLMES v. GINTER RESTAURANT CO.

Circuit Court of Appeals, First Circuit.

January 5, 1932.

Attorney(s) appearing for the Case

Alvah L. Stinson, of Boston, Mass., for appellant.

John W. Coughlin, of Boston, Mass. (Sawyer, Hardy, Stone & Morrison, 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 to recover damages for personal injuries alleged to have been sustained by the plaintiff September 7, 1929, in the restaurant of the defendant, a corporation engaged in operating and conducting restaurants in Boston, Mass., due, as the plaintiff claims, to the negligence of the defendant.

In the District Court the case went to trial before a judge and jury. At the close of the plaintiff's evidence,...

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