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DINDO v. GRAND UNION COMPANY

No. 248, Docket 27714.

331 F.2d 138 (1964)

Mrs. Olive DINDO, Plaintiff-Appellee, v. GRAND UNION COMPANY, Defendant-Appellant.

United States Court of Appeals Second Circuit.

Decided March 16, 1964.

Attorney(s) appearing for the Case

Cornelius O. Granai, Barre, Vt., for plaintiff-appellee.

Kyle T. Brown, St. Johnsbury, Vt. (Witters, Akley & Brown, St. Johnsbury, Vt., on the brief), for defendant-appellant.

Before LUMBARD, Chief Judge, and KAUFMAN and MARSHALL, Circuit Judges.

MARSHALL, Circuit Judge:

While shopping in the Grand Union supermarket in Barre, Vermont on December 10, 1959, plaintiff Dindo was struck on her left shoulder by a 28-ounce can of pork and beans which fell from the top shelf of a display counter. She sued the Grand Union Company for her resulting injuries, and recovered a $12,500 verdict, which Grand Union now seeks to overturn, asserting insufficiency of evidence to sustain the verdict, excessiveness of the verdict...

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