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SAFEWAY, INC. v. JOHNSON

No. 19931.

311 F.2d 387 (1962)

SAFEWAY, INC., Appellant, v. E. W. JOHNSON, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied February 28, 1963.

Attorney(s) appearing for the Case

Max N. Osborn, Midland, Tex., Turpin, Kerr, Smith & Dyer, Midland, Tex., of counsel, for appellant.

Warren Burnett, Lee Arnett, Odessa, Tex., for appellee.

Before RIVES, JONES and BROWN, Circuit Judges.

RIVES, Circuit Judge.

This appeal is from a judgment for $15,000.00 entered upon a general verdict awarding damages for personal injuries suffered by the plaintiff, Johnson, when he slipped and fell at the top of a stairway in the store of defendant, Safeway, Inc., in Monahans, Texas.

The plaintiff went to the store to purchase groceries for the restaurant he operated. While waiting for some meat to be cut, he decided to go to the men's toilet located on the...

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