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TUCKER v. LOEW'S THEATRE & REALTY CORPORATION

No. 319.

149 F.2d 677 (1945)

TUCKER v. LOEW'S THEATRE & REALTY CORPORATION.

Circuit Court of Appeals, Second Circuit.

June 1, 1945.

Attorney(s) appearing for the Case

Archie Weltman, of New York City (Leopold Friedman, Thomas Bress, and Pauline Cohen, all of New York City, on the brief), for defendant-appellant.

William Logan, Jr., of New York City (Hunt, Hill & Betts and Helen F. Tuohy, all of New York City, on the brief), for plaintiff-appellee.

Before L. HAND, AUGUSTUS N. HAND, and CLARK, Circuit Judges.

CLARK, Circuit Judge.

Plaintiff, Madge Tucker, brought this action to recover damages for personal injuries caused by tripping over a worn-out carpet in defendant's theatre. Upon trial, the jury rendered a verdict for $6,000 in plaintiff's favor, and defendant has appealed from the judgment entered thereon by the District Court. It appears from the testimony that on January 20, 1944, at about 9 P. M., plaintiff and a friend, Rosemary White, visited defendant's theatre...

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