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HORN v. WOODWARD & LOTHROP, INC.

No. 16291.

296 F.2d 431 (1961)

Carl W. HORN, Appellant, v. WOODWARD & LOTHROP, INC., a corporation, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided November 2, 1961.

Attorney(s) appearing for the Case

Mr. Thomas G. Laughlin, Washington, D. C., with whom Mr. Dorsey K. Offutt, Washington, D. C., was on the brief, for appellant.

Mr. Paul R. Connolly, Jr., Washington, D. C., for appellee.

Before Mr. Justice REED, retired, and EDGERTON and FAHY, Circuit Judges.

PER CURIAM.

Appellant sued for personal injuries sustained in appellee's department store. The District Court directed a verdict for appellee on the opening statement of appellant's counsel, in which counsel proposed to prove the following facts:

Appellant was an active man of 77. He was in the habit of carrying a cane but did not need one. Because of a Christmas sale, he went to the store to buy shirts and see the Christmas display. A large crowd had been...

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