MORSE v. SINCLAIR AUTOMOBILE SERVICE CORPORATION

No. 7926.

86 F.2d 298 (1936)

MORSE v. SINCLAIR AUTOMOBILE SERVICE CORPORATION. SINCLAIR AUTOMOBILE SERVICE CORPORATION v. MORSE.

Circuit Court of Appeals, Fifth Circuit.

November 16, 1936.


Attorney(s) appearing for the Case

Houston White and Edwin Pearce, both of Atlanta, Ga., for appellant and cross-appellee.

Frank C. Tindall, of Atlanta, Ga., for appellee and cross-appellant.

Before SIBLEY, HUTCHESON, and HOLMES, Circuit Judges.


HUTCHESON, Circuit Judge.

The suit was for damages for the death of plaintiff's daughter through the alleged negligence of defendant. The claim was that while in the act of leaving defendant's premises where she had gone with Arthur Tolchin, one of its regular customers, to park his car, she was caused by the negligence of defendant to lose her footing and fall into a grease pit maintained by defendant for greasing automobiles.

The defense was that the decedent...

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