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SWEENY v. SEARS

No. 3560.

111 F.2d 124 (1940)

SWEENY v. SEARS.

Circuit Court of Appeals, First Circuit.

April 16, 1940.

Attorney(s) appearing for the Case

Louis A. Macey, of Boston, Mass. (William H. Sweeny, of Boston, Mass., on the brief), for appellant.

Leon V. Walker, of Portland, Me. (Verrill, Hale, Dana & Walker, of Portland, Me., on the brief), for appellee.

Before MAGRUDER and MAHONEY, Circuit Judges, and McLELLAN, District Judge.

PER CURIAM.

This is a suit for personal injuries resulting from a fall by the plaintiff on the defendant's hotel premises. Plaintiff was proceeding along a descending concrete walk leading from the hotel down to the street. There were four steps at intervals in the walk. Plaintiff stepped down the first step, continued on to the second step and "stepped right off on to air". When asked on cross-examination whether she had seen the first step she answered: "Yes, because...

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