McCARTHY v. KROGER COMPANY

Civ. A. No. 64-288.

260 F.Supp. 384 (1966)

Anna M. McCARTHY and Noel McCarthy, her husband, Plaintiffs, v. KROGER COMPANY, a corporation, Defendant.

United States District Court W. D. Pennsylvania.

November 9, 1966.


Attorney(s) appearing for the Case

Hymen Schlesinger, Pittsburgh, Pa., for plaintiffs.

Herman C. Kimpel, Pittsburgh, Pa., for defendant.


OPINION

DUMBAULD, District Judge.

The only possibly meritorious point in plaintiffs' motion for new trial is in connection with the Court's ruling excluding certain photographs of other shopping centers.

The wife-plaintiff, who gave the impression of being an unreliable witness and who was injured when she stumbled in broad daylight over the curb (painted a bright color) of a square-cornered U-shaped cart return station in the parking lot of a Kroger...

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