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NORTHERN TRUST CO. v. ELMAN

No. 6544.

72 F.2d 169 (1934)

NORTHERN TRUST CO. v. ELMAN.

Circuit Court of Appeals, Sixth Circuit.

June 29, 1934.

Attorney(s) appearing for the Case

H. E. Mau, of Cincinnati, Ohio (Pogue, Hoffheimer & Pogue, of Cincinnati, Ohio, R. H. Hildebrant, of Wilmington, Ohio, and J. A. Culbertson, of Cincinnati, Ohio, on the brief), for appellant.

Robert S. Marx, of Cincinnati, Ohio (Nichols, Morrill, Wood, Marx & Ginter, of Cincinnati, Ohio, on the brief), for appellee.

Before MOORMAN, HICKS, and SIMONS, Circuit Judges.

PER CURIAM.

The appellee recovered damages for personal injuries sustained in a fall through the floor of a show window in a storeroom belonging to the appellant's testate, Charles W. Murphy. Error is assigned to the judgment on the ground that the court should have directed a verdict for the defendant at the conclusion of all the evidence. The floor of the show window was made of glass, which was covered with linoleum having the appearance of hardwood flooring. When...

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