TAMMANY v. WOOLDRIDGE BROS.

No. 79, Docket 24009.

240 F.2d 641 (1957)

John TAMMANY, Plaintiff-Appellee, v. WOOLDRIDGE BROS., Inc., Defendant-Appellant.

United States Court of Appeals Second Circuit.

Decided January 28, 1957.


Attorney(s) appearing for the Case

Pelgrift, Dodd, Blumenfeld & Nair, Hartford, Conn., George D. Stoughton, Hartford, Conn., of counsel, for defendant-appellant.

Rogin & Nassau, Hartford, Conn., Jerome E. Caplan, Hartford, Conn., of counsel, for plaintiff-appellee.

Before CLARK, Chief Judge, and FRANK and HINCKS, Circuit Judges.


CLARK, Chief Judge.

Defendant appeals from a judgment awarding damages in an action within the diversity of citizenship jurisdiction of the court below for injuries sustained by plaintiff due to a fall on the cellar steps of a restaurant owned by defendant and leased by it to plaintiff's employer. The injury occurred when plaintiff slipped on the wet stairway, which was not provided with a handrail.

The trial judge instructed the jury that in order to return...

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