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MONTGOMERY WARD & COMPANY v. BAILEY

No. 7907.

271 F.2d 573 (1959)

MONTGOMERY WARD & COMPANY, Inc., Appellant, v. Mary F. BAILEY, Appellee.

United States Court of Appeals Fourth Circuit.

Decided October 23, 1959.

Attorney(s) appearing for the Case

William C. Lassiter and Samuel R. Leager, Raleigh, N. C. (James H. Walker, Raleigh, N. C., on the brief), for appellant.

George F. Bason, Raleigh, N. C. (James H. Pou Bailey, Raleigh, N. C., on the brief), for appellee.

Before SOPER, HAYNSWORTH and BOREMAN, Circuit Judges.

SOPER, Circuit Judge.

This appeal is taken from a judgment of the District Court wherein Montgomery Ward & Company, Inc. was held liable to Mary F. Bailey for injuries suffered when she fell upon the floor of a store maintained by the Company in Raleigh, North Carolina.

The case was tried by the District Judge without a jury. He found that the plaintiff was a prospective customer in the store and slipped and fell...

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