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McDONALD v. F. W. WOOLWORTH CO.

No. 5972.

177 F.2d 401 (1949)

McDONALD v. F. W. WOOLWORTH CO.

United States Court of Appeals Fourth Circuit.

Decided November 3, 1949.

Attorney(s) appearing for the Case

William J. Cocke, Asheville, N. C. (Philip C. Cocke, Jr., Asheville, N. C.) and Melvin K. Elias, Asheville, N. C., on the brief), for appellant.

R. R. Williams, Asheville, N. C. (R. R. Williams, Jr., and Williams & Williams, Asheville, N. C., on the brief), for appellee.

Before PARKER, Chief Judge, and SOPER and DOBIE, Circuit Judges.

SOPER, Circuit Judge.

This suit for personal injuries sustained by the plaintiff when she fell at the entrance of defendant's store in Asheville, North Carolina, was dismissed at the conclusion of the plaintiff's evidence on motion of the defendant on the ground that she had shown no ground for recovery; and she appealed to this court.

The plaintiff is a woman five feet six inches tall, who weighs two hundred and fifty pounds. The accident occurred approximately...

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