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PHILLIPS v. MONTGOMERY WARD & CO.

No. 9991.

125 F.2d 248 (1942)

PHILLIPS v. MONTGOMERY WARD & CO.

Circuit Court of Appeals, Fifth Circuit.

January 23, 1942.

Attorney(s) appearing for the Case

Ross R. Barnett, of Jackson, Miss., and Frank F. Mize, of Forest, Miss., for appellant.

L. E. Oliphant, Jr., of Chicago, Ill., and John Harvey Thompson, of Jackson, Miss., for appellee.

Before FOSTER, HUTCHESON, and McCORD, Circuit Judges.

McCORD, Circuit Judge.

Rebecca Phillips brought suit against Montgomery, Ward & Company to recover damages for personal injuries received by her when she tripped and fell over a box in the aisle of the company's retail store in Jackson, Mississippi. The case was tried to a jury and at the close of the evidence for the plaintiff, the court on motion directed a verdict for the defendant on the ground that there was no negligence...

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