EMPLOYERS' LIABILITY ASSURANCE CORPORATION v. MADDEN

No. 15081.

219 F.2d 205 (1955)

The EMPLOYERS' LIABILITY ASSURANCE CORPORATION, Limited, Appellant, v. Mrs. Lee MADDEN, Appellee.

United States Court of Appeals, Fifth Circuit.

February 4, 1955.


Attorney(s) appearing for the Case

Gerald J. Gallinghouse, New Orleans, La., Deutsch, Kerrigan & Stiles, New Orleans, La., of counsel, for appellant.

Samuel C. Gainsburgh, and Raymond H. Kierr, New Orleans, La., Melvin W. Nelson, Miami, Fla., for appellee.

Before HUTCHESON, Chief Judge, and RIVES and TUTTLE, Circuit Judges.


HUTCHESON, Chief Judge.

This appeal is from a judgment against defendant-appellant, the insurer of Gluck's, Inc., a New Orleans restaurateur. Entered on a verdict finding its insured culpably negligent and awarding plaintiff $7500.00 as damages, for injuries received while returning from the rest room,1 prepared for its patrons, to the restaurant, it presents a single question for review.

This question is whether, as claimed by...

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