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MONTGOMERY WARD & CO. v. VOIGT

No. 4984.

69 F.2d 457 (1934)

MONTGOMERY WARD & CO. v. VOIGT.

Circuit Court of Appeals, Seventh Circuit.

March 14, 1934.

Attorney(s) appearing for the Case

Eli F. Seebirt and Lenn J. Oare, both of South Bend, Ind. (Silas H. Strawn, John D. Black, and C. B. Fullerton, all of Chicago, Ill., of counsel), for appellant.

Everett Guy Ballard, of Chicago, Ill., and Robert H. Moore, Harry Long, Roswell B. Johnson, and Gilbert Gruenberg, all of Gary, Ind., for appellee.

Before ALSCHULER, SPARKS, and FITZHENRY, Circuit Judges.

ALSCHULER, Circuit Judge.

The appeal is from a judgment for Voigt for damages he sustained by falling down a freight elevator shaft in appellant's large two-story and basement store building at Michigan City, Ind. We state the facts with some detail.

The building, recently built by appellant, is a half block long, with an alley at the rear (east), and was wholly occupied by appellant. It was served by an electrically operated freight elevator, which was set...

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