WESTERN AUTO SUPPLY AGENCY v. PHELAN

No. 8962.

104 F.2d 85 (1939)

WESTERN AUTO SUPPLY AGENCY OF LOS ANGELES v. PHELAN.

Circuit Court of Appeals, Ninth Circuit.

Rehearing Denied June 30, 1939.


Attorney(s) appearing for the Case

Rockwood Brown, Horace S. Davis, Melvin N. Hoiness, and Franklin S. Longan, all of Billings, Mont., for appellant.

Sterling M. Wood, Robert E. Cooke, and Fredric Moulton, all of Billings, Mont., for appellee.

Before DENMAN, MATHEWS, and HEALY, Circuit Judges.


HEALY, Circuit Judge.

Appellant was occupant of the first floor and basement of a two-story brick building in Billings, Montana, which it had held under lease since 1931. On February 22, 1936 appellee slipped on the sidewalk in front of these premises and fell, fracturing her hip. She had judgment in a suit against appellant to recover damages for the injury sustained.

The evidence tended to show that the fall was attributable to an accumulation of ice and...

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