McCAFFREY v. GREAT ATLANTIC & PACIFIC TEA CO.

No. 107.

103 F.2d 326 (1939)

McCAFFREY et al. v. GREAT ATLANTIC & PACIFIC TEA CO. et al.

Circuit Court of Appeals, Second Circuit.

April 10, 1939.


Attorney(s) appearing for the Case

Robert E. Curran, of New York City, for appellant.

Joseph A. McLaughlin, of New York City (Philip Hoffer, of New York City, of counsel), for appellees.

Before SWAN and CHASE, Circuit Judges.


PER CURIAM.

The petitioner now places much emphasis upon one sentence in the answer the boy's mother gave when asked, "When you were making the first trip to visit your friend, did you notice what was on the sidewalk, if anything?" That sentence is, "These bags were laying the same way when I went as when I came back". The full answer to the question was, "There was bags. There was all merchandise, boxes and everything. These bags were laying the same way when I went...

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