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LOIS v. GREAT ATLANTIC & PACIFIC TEA CO.

No. 87.

146 F.2d 781 (1945)

LOIS v. GREAT ATLANTIC & PACIFIC TEA CO.

Circuit Court of Appeals, Second Circuit.

January 8, 1945.

Attorney(s) appearing for the Case

Emanuel Lauterbach, of Ossining, N. Y., for plaintiff-appellee.

Weisman, Celler, Quinn, Allan & Spett, of New York City (Murray C. Spett, of New York City, of counsel), for defendant and third party plaintiff-appellant.

Evans, Rees & Orr, of New York City (Fred H. Rees and Alexander Orr, Jr., both of New York City, of counsel), for defendants-appellees Philip H. Fleck, Inc., and James J. Moroney, Inc.

George A. Garvey, of New York City, for defendant-appellee Benjamin A. Acker.

Before L. HAND, CHASE and CLARK, Circuit Judges.

CHASE, Circuit Judge.

The plaintiff was injured shortly after sundown on the evening of January 12, 1943, when he was walking along the sidewalk in front of a store of the Great Atlantic and Pacific Tea Company in Ossining, N. Y. Dim-out regulations were then in effect and the street was dark. He stumbled over one of a pair of unlighted cellar doors which were open on the sidewalk and fell into the passageway leading to the cellar. He brought this suit against the...

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