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SAFEWAY STORES, INC. v. DIAL

No. 19878.

314 F.2d 33 (1963)

SAFEWAY STORES, INC., Appellant, v. Joseph W. DIAL, Appellee.

United States Court of Appeals Fifth Circuit.

March 6, 1963.

Attorney(s) appearing for the Case

Timothy E. Kelley, Jerry L. Buchmeyer, George C. Chapman, Dallas, Tex., Thompson, Knight, Wright & Simmons, Dallas, Tex., of counsel, for appellant.

John B. Wilson, Jr., Dallas, Tex., Wilson & Menaker, Dallas, Tex., of counsel, for appellee.

Before RIVES, JONES and BROWN, Circuit Judges.

PER CURIAM.

Defendant insists that, under the Erie doctrine,1 this Court erred in holding that defendant's negligent failure to inspect and keep the floor of its store free from broken glass is sufficient to support the judgment. It contends that the case of F. W. Woolworth Co. v. Goldston, Tex.Civ.App., 1940, 155 S.W.2d 830, writ of error refused for want of merit,2 "holds directly and specifically to the...

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