DAVIS v. FOOD MART, INC.

No. 21174.

334 F.2d 27 (1964)

Beryl M. DAVIS, Appellant, v. FOOD MART, INC., Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied August 7, 1964.


Attorney(s) appearing for the Case

Otto B. Mullinax, Dallas, Tex., for appellant.

Chester G. Ball, Jack E. Harris, Arlington, Tex., for appellee.

Before HUTCHESON, PRETTYMAN and JONES, Circuit Judges.


PER CURIAM.

This is a Texas diversity slip-and-fall case. The jury found unavoidable accident. Appellant, plaintiff below, complains, first, that there was insufficient evidence to submit the issue of unavoidable accident to the jury, and, second, that the issue was not properly submitted.

The facts in general are that: appellant went from one end of the aisle to the other in appellee's store for some soap; the aisle was crowded; she fell and sustained injury...

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