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SAFEWAY STORES, INC. v. COMBS

No. 17809.

273 F.2d 295 (1960)

SAFEWAY STORES, INC., Appellant, v. James C. COMBS et ux. Louella Combs, Appellees.

United States Court of Appeals Fifth Circuit.

January 8, 1960

Attorney(s) appearing for the Case

Jack C. Duncan, Wyndham K. White, Kemp, Smith, Brown, Goggin & White, El Paso, Tex., for appellant.

Ronald R. Calhoun, James E. Irion, Irion & Calhoun, El Paso, Tex., for James C. Combs and wife Louella Combs.

Before HUTCHESON, JONES and WISDOM, Circuit Judges.

WISDOM, Circuit Judge.

This is a slip-and-fall case.

Mrs. Louella Combs was shopping in a Safeway Store in El Paso, Texas, when she stepped into a puddle of ketchup that had spilled on the floor from a broken bottle. Mr. and Mrs. Combs sued Safeway Stores, Inc., alleging that the defendant was negligent in creating a hazardous condition; in failing to remove the ketchup or in failing to isolate the hazardous condition by placing a barrier around the ketchup...

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