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MONTGOMERY v. MARVA THEATERS

No. 6877.

218 F.2d 221 (1954)

Margaret E. MONTGOMERY, Appellant, v. MARVA THEATERS, Inc., Appellee.

United States Court of Appeals, Fourth Circuit.

Decided December 28, 1954.

Attorney(s) appearing for the Case

Ernest V. Wachs, Hagerstown, Md. (Ginsberg & Ginsberg, Baltimore, Md., on brief), for appellant.

J. Gilbert Prendergast, Baltimore, Md. (Clark & Smith, Baltimore, Md., on brief), for appellee.

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

PER CURIAM.

This is an appeal by plaintiff from a judgment on a verdict for defendant in an action for personal injuries. Defendant is the proprietor of a drivein theatre near Hagerstown, Maryland. Plaintiff was a patron who was injured when she fell as the result of jumping backward to get out of the way of an automobile which was proceeding without lights down one of the lanes of the darkened theatre. Plaintiff claimed that defendant was guilty of negligence in...

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