ANTON v. MONTGOMERY WARD & CO.

Nos. 36, 37, Dockets 22408, 22409.

199 F.2d 661 (1952)

ANTON et al. v. MONTGOMERY WARD & CO., Inc.

United States Court of Appeals Second Circuit.

Decided November 7, 1952.


Attorney(s) appearing for the Case

John D. Paterson, Barre, Vt., for appellant.

Harold I. O'Brien, Rutland, Vt., John Molla, Barre, Vt., for appellees.

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


PER CURIAM.

The defendant raises three points on this appeal: (1) that the plaintiffs did not prove that the door was within the control of the defendant; (2) that the judge charged the jury that the plaintiffs, having made out a prima facie case, the defendant was liable unless it put in some rebuttal; (3) that the judge erred in charging the jury that the defendant was absolutely liable instead of being responsible for reasonable care alone. As to the first, we...

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