COMBS v. SAFEWAY STORES, INC.

No. 18555.

290 F.2d 570 (1961)

James C. COMBS et ux., Louella Combs, Appellants, v. SAFEWAY STORES, INC., Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied June 29, 1961.


Attorney(s) appearing for the Case

James E. Irion, Irion & Calhoun, El Paso, Tex., for appellants.

Wyndham K. White, Kemp, Smith, Brown, Goggin & White, El Paso, Tex., for appellee.

Before RIVES, CAMERON and JONES, Circuit Judges.


CAMERON, Circuit Judge.

This is the second appearance of this case before us, judgment for the plaintiffs (appellants) in the first trial having been reversed.1 In that decision we stated the facts thus:

"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...

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