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S. H. KRESS & COMPANY v. TELFORD

No. 15956.

240 F.2d 70 (1957)

S. H. KRESS & COMPANY, Appellant, v. H. A. TELFORD, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied February 6, 1957.

Attorney(s) appearing for the Case

David M. Kendall, Jr., Pinkney Grissom, Dallas, Tex., Alexander Gullett, Denison, Tex., Thompson, Knight, Wright & Simmons, Dallas, Tex., for appellant.

F. Neilson Rogers, Sherman, Tex., Rogers & Rogers, Sherman, Tex., for appellee.

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

RIVES, Circuit Judge.

This suit was brought by appellee to recover damages for injuries sustained by his wife when she slipped and fell in appellant's store at Sherman, Texas, on October 5, 1954. Trial to a jury resulted in a verdict for appellee for $5,000.00, and from the judgment entered thereon this appeal is taken. The only error specified, raised by motions for directed verdict and judgment n. o. v., relates to the sufficiency of the testimony to show any negligence...

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