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SEARS, ROEBUCK & CO. v. COPELAND

No. 4596.

110 F.2d 947 (1940)

SEARS, ROEBUCK & CO. v. COPELAND.

Circuit Court of Appeals, Fourth Circuit.

April 10, 1940.

Attorney(s) appearing for the Case

H. G. Hedrick, of Durham, N. C. (C. W. Hall, of Durham, N. C., on the brief), for appellant.

R. P. Reade and F. L. Fuller, Jr., both of Durham, N.C. (Jones Fuller and William B. Umstead, both of Durham, N. C., on the brief), for appellee.

Before SOPER and DOBIE, Circuit Judges, and BARKSDALE, District Judge.

SOPER, Circuit Judge.

The plaintiff in the District Court, as the result of a jury trial, obtained a judgment for $10,000 for injuries sustained in September, 1937, when she fell on a stairway leading from the first floor to the basement of a store kept by the defendant in Durham, North Carolina. According to the testimony on her behalf, she caught the heel of her right shoe in a loose metal strip attached to the edge of one of the steps as she was descending, and...

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