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McCAFFREY v. GREAT ATLANTIC & PACIFIC TEA CO.

No. 107.

102 F.2d 689 (1939)

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

Circuit Court of Appeals, Second Circuit.

January 9, 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, on the brief), for plaintiffs-appellees.

E. C. Sherwood, of New York City (William B. Davis and H. H. Brown, both of New York City, of counsel), for defendant-appellee.

Before MANTON, SWAN, and CHASE, Circuit Judges.

CHASE, Circuit Judge.

This suit was brought by the plaintiff as the guardian ad litem of his minor son who was injured when he tripped and fell over what the plaintiff's evidence tended to show was a bag of potatoes or onions lying on the public sidewalk outside a store of The Great Atlantic and Pacific Tea Company at 556 West 207 Street in the City of New York. Suit was brought against The Great Atlantic and Pacific Tea Company to recover for the injuries sustained...

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