MAUGERI v. GREAT ATLANTIC AND PACIFIC TEA COMPANY

No. 15374.

357 F.2d 202 (1966)

Philomena MAUGERI and Joseph Maugeri, Appellants, v. The GREAT ATLANTIC AND PACIFIC TEA COMPANY, Inc.

United States Court of Appeals Third Circuit.

Decided February 1, 1966.


Attorney(s) appearing for the Case

John Selwasky, Paterson, N. J. (Marcus & Levy, Paterson, N. J., on the brief), for appellants.

George P. Moser, Union City, N. J. (Moser, Roveto & McGough, Union City, N. J., on the brief), for appellee.

Before KALODNER, Chief Judge, and STALEY and FORMAN, Circuit Judges.


STALEY, Circuit Judge.

This is a diversity action to recover damages for personal injuries sustained in a fall on the defendant's premises. The sole question which we are required to resolve on this appeal is whether the district court erred in its charge to the jury.

On June 10, 1961, the wife plaintiff in this action, Philomena Maugeri, entered the defendant's supermarket in Haskell, New Jersey, shortly before it closed. After she entered the store, which...

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