J. C. PENNEY COMPANY v. NORRIS

No. 16818.

250 F.2d 385 (1958)

J. C. PENNEY COMPANY, Appellant, v. J. D. NORRIS and wife, Arleta Maxine Norris, Appellees.

United States Court of Appeals Fifth Circuit.

Rehearing Denied January 29, 1958.


Attorney(s) appearing for the Case

George W. Leonard, Jr., Sweetwater, Tex., Mays, Leonard & Moore, Sweetwater, Tex., of counsel, for appellant.

Forrest B. Bowers, Lubbock, Tex., Huff & Splawn, Lubbock, Tex., for appellees.

Before TUTTLE, JONES and BROWN, Circuit Judges.


TUTTLE, Circuit Judge.

This is an appeal from a judgment for the plaintiffs following a jury verdict in their favor to compensate them for injuries sustained from a fall in the defendant's store. In view of the disposition we feel it necessary to make of the case, only the question as to sufficiency of the evidence to sustain a finding of the defendant's negligence need be discussed. The defendant moved for a directed verdict at the close of the plaintiff's evidence...

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