WHALEN v. PHOENIX INDEMNITY COMPANY

No. 15279.

222 F.2d 121 (1955)

Verda Ross WHALEN, Appellant, v. PHOENIX INDEMNITY COMPANY, Appellee.

United States Court of Appeals Fifth Circuit.

May 4, 1955.


Attorney(s) appearing for the Case

Whitfield Jack, Shreveport, La., for appellant.

Vernon W. Woods, Shreveport, La., for appellee.

Before HOLMES, RIVES and TUTTLE, Circuit Judges.


TUTTLE, Circuit Judge.

Petitioner says that we erroneously applied the Louisiana law to the decision of this case, in three respects: (1) In order to invoke res ipsa loquitur against the owner of a self-service store, if the plaintiff shows that a customer created the condition causing the harm, he must necessarily prove also that the store owner had actual knowledge of the condition, or that the condition existed for a sufficient time to charge the owner with constructive...

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