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DUGGINS v. COLONIAL STORES, INC.

No. 8865.

323 F.2d 117 (1963)

Edna L. DUGGINS, Appellee, v. COLONIAL STORES, INC., Appellant.

United States Court of Appeals Fourth Circuit.

Decided September 23, 1963.

Attorney(s) appearing for the Case

Norwood Robinson, Winston-Salem, N. C. (Hudson, Ferrell, Petree, Stockton, Stockton & Robinson, Winston-Salem, N. C., on brief), for appellant.

Eugene H. Phillips, Winston-Salem, N. C., for appellee.

Before HAYNSWORTH and BRYAN, Circuit Judges, and HARRY E. WATKINS, District Judge.

HAYNSWORTH, Circuit Judge.

We are concerned with the sufficiency of the evidence to support a verdict for the plaintiff who claimed damages for an injury she suffered when she fell in one of the defendant's stores. We conclude that, under the laws of North Carolina, the evidence was insufficient and that judgment non obstante veredicto should have been entered for the defendant.

Mrs. Duggins, with her husband, was shopping one evening in one of the...

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