S. S. KRESGE CO. v. McCALLION

No. 9344.

58 F.2d 931 (1932)

S. S. KRESGE CO. v. McCALLION.

Circuit Court of Appeals, Eighth Circuit.

April 19, 1932.


Attorney(s) appearing for the Case

Richard S. Righter, of Kansas City, Mo. (George J. Mersereau and Lathrop, Crane, Reynolds, Sawyer & Mersereau, all of Kansas City, Mo., on the brief), for appellant.

W. J. Allen, of Kansas City, Mo. (Roy E. Smith and D. D. Bonewits, both of Kansas City, Mo., on the brief), for appellee.

Before STONE, KENYON, and GARDNER, Circuit Judges.


STONE, Circuit Judge.

This is an appeal from a judgment accorded plaintiff in a personal injury suit.

The petition alleged that plaintiff, while a customer in the store of defendant on December 15, 1923, slipped upon a metal plate and fell while leaving an escalator on the second floor after coming up on the escalator from the first floor. This metal plate covered the place where a person coming up on the escalator...

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