ANTHONY v. WOOLWORTH CO., INC.

No. 217, Docket 28258.

327 F.2d 658 (1964)

Florence ANTHONY, Plaintiff-Appellant, v. F. W. WOOLWORTH CO., Inc., Defendant-Appellee.

United States Court of Appeals Second Circuit.

Decided January 21, 1964.


Attorney(s) appearing for the Case

John J. Gallione, New York City, for plaintiff-appellant.

Patrick E. Gibbons, New York City (Terhune, Gibbons & Mulvehill, New York City), for defendant-appellee.

Before MOORE, KAUFMAN and MARSHALL, Circuit Judges.


PER CURIAM.

Plaintiff appeals from a judgment entered upon a jury verdict in favor of defendant. She claimed that immediately after entering defendant's store on Eighth Avenue between 38th and 39th Streets, New York, she slipped and fell because the floor was wet and slippery. She was the only witness for her case; defendant rested without calling witnesses. The court submitted the question of negligence to the jury in a charge which fairly and accurately presented...

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