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SMITH v. ALLEN

No. 8392.

297 F.2d 235 (1961)

Margaret Wright SMITH, Appellant, v. R. R. ALLEN, II, Appellee.

United States Court of Appeals Fourth Circuit.

Decided December 7, 1961.

Attorney(s) appearing for the Case

William N. Stovall and Thomas L. Woodward, Suffolk, Va., for appellant.

Spencer Gill, Norfolk, Va. (Rixey & Rixey, Norfolk, Va., on brief), for appellee.

Before SOPER and BRYAN, Circuit Judges, and BARKSDALE, District Judge.

BARKSDALE, District Judge.

Appellant, Mrs. Margaret Wright Smith, plaintiff below, instituted this diversity action against appellee, R. R. Allen, II, defendant below, seeking to recover damages for personal injuries resulting from a fall which she sustained on a small pier extending into Chuckatuck Creek in Nansemond County, Virginia, maintained and controlled by Allen as a part of his premises. Plaintiff grounded her action on the allegation of negligence on the...

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